City of Hartford v. CBV Parking Hartford, LLC, 330 Conn. 200

Summary

The Connecticut Supreme Court reviews an eminent-domain valuation involving property taken by the City of Hartford in connection with redevelopment plans and construction of a minor league baseball stadium. The court upholds the trial court’s use of the assemblage doctrine and its valuation of the property at $4.81 million, concluding that assemblage for redevelopment was reasonably probable absent condemnation. The court agrees with the city, however, that the trial court exceeded its authority in awarding interest at a 7.22 percent rate.

Holdings

1. In determining just compensation, a court may consider an assemblage-based highest and best use when integrated use with other parcels would have been reasonably probable in the absence of condemnation.
2. The evidence supported the trial court's finding that assemblage of the defendants' parcels with adjoining city-owned parcels for redevelopment was reasonably probable even in the absence of condemnation.
3. When the judgment of compensation does not set an interest rate, the default rate prescribed by General Statutes § 37-3c applies; the trial court lacks authority to select a different rate after judgment.
4. Because the trial court improperly selected the 7.22 percent interest rate, it also improperly awarded offer-of-compromise interest calculated on the resulting total award.

Questions Presented

1. Whether the trial court improperly valued the condemned property based on the doctrine of assemblage without adequately considering whether assemblage would have occurred in the absence of condemnation.
2. Whether the evidence supported the trial court's finding that assemblage with adjoining city-owned parcels for redevelopment was reasonably probable and therefore affected the property's fair market value.
3. Whether General Statutes § 37-3c permitted the trial court to set a nondefault interest rate after entering the judgment of compensation.
4. Whether the defendants were entitled to offer-of-compromise interest based on the compensation award plus the improperly selected interest rate.

Disposition

reversed_and_remanded