March 14, 2012
BILL PROPOSES CHANGE IN EMINENT DOMAIN LAW
By Michael Puffer, Republican-American
WATERBURY — State. Rep. Larry B. Butler is proposing a change in state law that could increase payouts to property owners who have their land and homes claimed under eminent domain.
The move follows an emotional series of public meetings last fall concerning Waterbury’s efforts to take several homes on Birch Street for a new vocational high school. At the time, the city’s low offers shocked homeowners.
Ana Hernandez Antuna, the worst impacted, would have been left homeless and $55,000 in debt.
After a newspaper story, the city backed off and searched for a way to offer more money. The city’s lawyers concluded, however, that it was just not possible under state law, which currently requires offers to be based on fresh appraisals.
City officials did drop their demands for Antuna’s property and a neighboring apartment building. They continue to press claims on four houses, one of which is vacant.
The city has claimed property for two other schools in recent years. And while these efforts were not without complaint, the outcry was not nearly so dramatic. This time, however, homeowners are being forced to sell during a historic downswing in the real estate market.
Butler’s proposal would require redevelopment agencies to offer landowners — at a minimum — the value recorded on the latest grand list, which is used for tax purposes. In Waterbury, the Waterbury Development Corp. handles eminent domain claims.
Butler’s proposal faces its first test at a hearing before the legislative Committee on Planning and Development on Friday. It would have made a big difference for Roy Thompson, a city garbage hauler, and his wife, Jennifer, a telephone company office worker.
The city demanded the Thompsons’ home for $111,000, and the family is still fighting for a better offer in court. When it comes to paying taxes, however, the city says the Thompsons’ house is worth $139,805.
Jennifer Thompson didn’t know of Friday’s hearing until contacted by a reporter Wednesday. She wished she could make it. It’s been a frustrating haul. Apart from the shocks and worry, dealing with the process and paperwork has become like a second job.
After the story broke in October, city officials railed against the injustice and promised to help the homeowners. Thompson and some others have expressed deep disappointment in the lack of results.
Butler began trying to gather support for his bill from local officials last week.
“All I heard was everybody wanted to do something,” Butler said. “Here’s a chance to do something going forward.”
Mayor Neil M. O’Leary said Tuesday he couldn’t say if he would support Butler’s proposal. Nobody had previously told him of its existence and he hadn’t had a chance to review it.