Office of Ombudsman for Property Rights

{U.S. Constitution}

"... nor shall private property be taken for public

use, without just compensation."

Fifth Amendment, United States Constitution

Dear Connecticut Citizens,

It has been a privilege and honor to serve you, the citizens of Connecticut, these past two years as Connecticut’s first Ombudsman for Property Rights.

My thanks to Governor Rell for the trust and confidence she placed in me.

Because of budgetary constraints the Office of Ombudsman for Property Rights has been closed effective September 8, 2009.

All of the statutes and regulations concerning eminent domain and relocation assistance remain in full force and effect. The statutes pertaining to municipal redevelopment and economic development and relocation assistance can be viewed by clicking “Related Statutes” to the left of this message and federal and state “Relocation & Acquisition Regulations” to the right. Also to the right are easy links to the landmark Connecticut Supreme Court and United States Supreme Court decisions in the case Kelo v. City of New London.

If you have received a notice from a state or municipal agency that all or a part of your property is being acquired for a public use and have questions about the powers and procedures of a government taking, click on “Eminent Domain” or “Frequently Asked Questions” which appear to the left of this message.

One of the tasks assigned the Ombudsman by the legislature was to study the feasibility of calculating relocation assistance for small businesses displaced by eminent domain on the basis of loss or gain in the goodwill of the business, in other words, the damage done to the net worth of the business as a result of being forced to move or put out of business. I was able to enlist the services of a group of exceptionally well qualified Connecticut residents all of whom volunteered their time and service. To read the Goodwill Study Report, click on “Goodwill Study Committee” which also appears to the left of this message.

Monthly, I wrote a newsletter which was distributed to members of the legislature, the governor, lieutenant governor and others. The statute that created the Office specifically provided that the Ombudsman shall recommend to the General Assembly changes that in his opinion should be made to the general statutes. All of the Ombudsman’s newsletters can be viewed by clicking on “Newsletters” to the left of this message. A few important “Points of Interest” can be viewed below this message.

When I was appointed, my goal was to increase respect for property rights at all levels and in all branches of our state’s government. I hope the assistance I gave to hundreds of citizens and government agency personnel in the last two years has contributed in some small way to that goal.

Sincerely,

Robert S. Poliner

Ombudsman for Property Rights

POINTS OF INTEREST

Read the Office of Ombudsman for Property Rights official 2008-2009 Annual Report as submitted to Governor M. Jodi Rell.

Read the Ombudsman’s August Newsletter in which he reports on the taking of a 108 acre quarry by the Connecticut Department of Transportation and the decision of a Superior Court Judge to value the property at $18.8 million more than DOT paid the owner at the time of the taking. The Ombudsman suggests changes to the highway statutes which conform to the changes the legislature made to the municipal development statutes in 2007.

Read the Ombudsman’s July Newsletter and learn about another eminent domain case headed to the U.S. Supreme Court. This one to decide whether a state legislature by statute and a state court by judicial decision can overturn 230 years of established property rights law. Also, read the Ombudsman’s comments on blight and eminent domain and Urban Blight, a study, prepared by a well regarded Connecticut law firm for the National Association of Realtors.

It is four years since the United States Supreme Court decided Kelo v. City of New London. Read the Ombudsman’s June Newsletter in which he examines statutory changes made in Connecticut as a result of Kelo and Kelo’s affect upon recent Connecticut court decisions. You can read the Supreme Court decisions and dissents by clicking on Kelo v. City of New London located in Featured Links (above right margin).

The Ombudsman for Property Rights was a guest speaker at UConn’s School of Business Annual Commercial Real Estate Conference. Read “What Government Isn’t, A Commercial Real Estate Developer.”

Read the Goodwill Study in which the Ombudsman and a committee of distinguished appraisers, lawyers and government officials call for payment for loss of goodwill and an increase in relocation payments for businesses displaced by eminent domain.

NOTICE: If you have been the victim of securities fraud, theft or embezzlement, the IRS has issued a ruling which may be helpful in recovering taxes paid in prior years. See Revenue Ruling 2009-9. http://www.irs.gov/pub/irs-drop/rr-09-09.pdf Also, see Revenue Procedure 2009-20 which presents an optional safe harbor for qualified investors who have suffered losses from securities fraud including “Ponzi schemes.” http://www.irs.gov/pub/irs-drop/rp-09-20.pdf