State Codes and Statutes

Statutes > Connecticut > Title26 > Chap491 > Sec26-195

      Sec. 26-195. State ground; determination of disputed boundaries. All questions and disputes touching the ownership, title, buoys, boundaries, ranges, extent or location of any shellfish grounds within the exclusive jurisdiction of the state may be referred to and settled by the Commissioner of Agriculture, who is empowered, on petition of any person interested therein, to summon all the parties in interest, so far as such parties may be made known to him, to appear before him at a time and place in the summons named, such summons to be signed by the commissioner or his authorized agent and served by him or such other person as said commissioner may direct; whereupon, at the time and place named, or at any other time and place to which the hearing may be from time to time adjourned, the petitioner shall file a sworn statement of the facts as claimed by him, to which any interested party may respond by filing a sworn counterstatement of the facts as claimed by him; and, after hearing all the parties interested, with their witnesses and counsel said commissioner shall make his decision in writing as soon as convenient thereafter, which decision shall be recorded in the books of record in his office, and the same shall be binding on all the parties in interest so summoned or appearing, unless on an appeal taken from such decision, in accordance with the provisions of section 4-183, except venue for such appeal shall be in the judicial district where the town is situated between whose meridian lines any portion of said grounds may be, such decision is reversed by said court.

      (1949 Rev., S. 5031; 1959, P.A. 615, S. 4; 1971, P.A. 870, S. 82; 872, S. 334; 1972, P.A. 52, S. 4; P.A. 76-436, S. 603, 681; P.A. 77-603, S. 111, 125; P.A. 78-280, S. 1, 127; P.A. 96-180, S. 97, 166; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1959 act replaced provision calling for appeals to be taken in the manner appeals in civil cases from justice courts are taken with provisions requiring appellant to become bound to adverse party, with sufficient surety to prosecute the appeal to effect and specified that appeals be taken to next return day or "next but one", effective January 1, 1961; 1971 acts replaced superior court with court of common pleas and amended appeal provision to require that appeals be taken to return day between 12 and 30 days after service of appeal, effective September 1, 1971, except that courts with cases pending retain jurisdiction unless pending matters deemed transferable, and replaced references to shellfish commissioners and clerk of shellfisheries with references to environmental protection commissioner; 1972 act replaced environmental protection commissioner with commissioner of agriculture; P.A. 76-436 replaced court of common pleas with superior court and added references to judicial districts, effective July 1, 1978; P.A. 77-603 replaced previous appeals provisions with requirement that appeals be made in accordance with Sec. 4-183 but retained venue as before; P.A. 78-280 deleted reference to counties; P.A. 96-180 deleted "said" and inserted "the" before "Commissioner of Agriculture", effective June 3, 1996; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      One who earns living from natural bed proper party to bring application. 89 C. 7. Cited. 231 C. 418.