Connecticut General Statutes 22a-43a – Findings on appeal. Setting aside, modifying or remanding action. Authority to purchase land
(a) The court, after a hearing, may reverse or affirm, wholly or partly, or may revise, modify or remand the decision from which the appeal was taken in a manner consistent with the evidence in the record before it. If upon appeal pursuant to § 22a-43, the court finds that the action appealed from constitutes the equivalent of a taking without compensation, the court (1) shall set aside the action or may modify the action so that it does not constitute a taking, and (2) shall remand the order to the inland wetland agency for action not inconsistent with its decision.
Terms Used In Connecticut General Statutes 22a-43a
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- commissioner: means the Commissioner of Energy and Environmental Protection or his or her designated agent. See Connecticut General Statutes 22a-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
(b) To carry out the purposes of sections 22a-38, 22a-40, 22a-42 to 22a-43a, inclusive, 22a-401 and 22a-403, the commissioner, district or municipality may at any time purchase land or an interest in land in fee simple or other acceptable title, or subject to acceptable restrictions or exceptions, and enter into covenants and agreements with landowners.