Dattco, Inc. v. Commissioner of Transportation; Collins Bus Service, Inc. v. Commissioner of Transportation; Nason Partners, LLC v. Commissioner of Transportation; The New Britain Transportation Company v. Commissioner of Transportation, 324 Conn. 39

Summary

The Connecticut Supreme Court held that General Statutes § 13b-36 (a) does not authorize the Commissioner of Transportation to condemn bus companies’ certificates of public convenience and necessity as “facilities.” Construing the eminent-domain delegation strictly and in favor of property owners, the court concluded that “facilities” refers to tangible transportation assets rather than intangible operating rights. The court reversed the trial court’s summary judgments for the commissioner and remanded for further proceedings concerning possible injunctive relief.

Holdings

1. General Statutes § 13b-36 (a) does not authorize the Commissioner of Transportation to condemn the plaintiffs' certificates or the intangible operating rights reflected in them. The term "facilities," construed according to its common meaning and statutory context, refers to tangible transportation assets rather than government-issued operating rights.
2. The Commissioner's incidental powers under General Statutes § 13b-23 and the authority in § 13b-34 (c) do not clearly delegate power to condemn the certificates.

Questions Presented

1. Whether General Statutes § 13b-36 (a), which authorizes the Commissioner of Transportation to take land, buildings, equipment, or facilities necessary for transportation services, delegates authority to condemn certificates of public convenience and necessity or the intangible operating rights they reflect.
2. Whether the Commissioner's incidental statutory powers or General Statutes § 13b-34 (c) independently authorize condemnation of the certificates.
3. What relief should be ordered after determining that the Commissioner lacked authority to condemn the certificates.

Disposition

reversed_and_remanded