Santini v. Connecticut Hazardous Waste Management Service

No. SC 16023 (D. Conn. November 9, 1999)

ELR Digest

The court holds that a state waste management agency's designation of a developer's property as a possible site for a low-level radioactive waste disposal facility did not constitute a temporary taking under the state constitution. Although no site ultimately was selected to become the location of the disposal facility, the agency chose three potential sites, one of which included the developer's property. The court first holds that mere governmental planning and anticipatory steps for the condemnation of property do not constitute a taking under the state's constitution. Designating the developer's property as a candidate to be taken by the state did not constitute a practical confiscation, temporarily or permanently. The court further holds that according to both state and federal taking precedent, the state must demonstrate a fixed and irreversible intent to confiscate the property by exercising its power of eminent domain. Moreover, a depreciation in value of the property by reason of preliminary activity is not chargeable to the government. In this case, the agency's conduct consisted of nothing more than planning and temporary steps in anticipation of condemnation of some property, not necessarily that of the developer.

The full text of this opinion is available from ELR (30 pp., ELR Order No. L-112).

Counsel for Plaintiffs
Timothy S. Hollister
Shipman & Goodwin
One American Row, Hartford CT 06103
(860) 251-5000

Counsel for Defendants
Frank H. Santoro
Danaher, Tedford, Lagnese & Neal
Capitol Pl.
21 Oak St., Hartford CT 06106
(860) 247-3666

[30 ELR 20167]

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]