Here's one we've been waiting for.
In this post ("Sorry Not Sorry? Connecticut Supreme Court Has A Chance To Make Amends For Kelo"), we previewed the arguments and briefs in a case in which the court was considering whether the Transportation Commissioner's power under Connecticut law to take "land, buildings, equipment or facilities" includes bus companies' exclusive state-granted rights to operate bus routes. The bus companies have what amounts to a monopoly under state-granted certificates of public convenience.
In Dattco, Inc. v. Comm'r of Transportation, No. SC19558 (Dec. 27, 2016), the court held that no, the power to take facilities does not include the power to take bus franchises. We recognized in our preview post that this was not a chance for the court to wholly make amends for its Kelo decision because the issues presented are obviously different. But even with that caveat firmly in mind, this case, was in our view, a chance to see whether the court's collective mind on the expansiveness of the power of eminent domain had evolved at all in the decade since Kelo.
So read the opinion -- but be warned, it's all about statutory construction, legislative intent, and the like, as you'd expect (with hardly a mention of the court's most infamous eminent domain decision) -- and you can mine these gems:
- The court rejected the Commissioner's argument that the term "facilities" is "broad enough to encompass the certificates at issue because they do not merely 'promote the ease' of the plaintiffs' business, but in fact, authorize it in the first place." Slip op. at 6. Easing on down the road isn't enough.
- "Indeed, a related statutory scheme demonstrates that, when the legislature intended for a delegation of takings power to allow for the acquisition of a bus company’s operating rights, the legislature granted that power explicitly." Slip op. at 9. When the legislature wants to delegate eminent domain power, it knows how.
- "A delegation of eminent domain power must be clearly given and strictly construed[.]" Slip op. at 10. Sounds about right.
Our thanks to Connecticut colleagues John X. Peloso and Dwight Merriam for the heads up.
Dattco, Inc. v. Comm'r of Transportation, No. SC19558 (Conn. Dec. 27, 2016)