Benefit assessment. Authority. Adoption. Public hearing requirement. Ordinances. Collection and enforcement. Failure to pay. Lien.
Conn. Gen. Stat. § 7-159k
in effect7-159k. Benefit assessment. Authority. Adoption. Public hearing requirement. Ordinances. Collection and enforcement. Failure to pay. Lien.
(a)(1) Notwithstanding any provision of the general statutes, whenever a municipality constructs, improves, extends, equips, rehabilitates, repairs, acquires or provides a grant for any public improvements within a resiliency improvement district or finances the cost of such public improvements, the proportion of such cost or estimated cost of such public improvements and financing thereof, as determined by the municipality, may be assessed by the municipality, as a benefit assessment, in the manner prescribed by such municipality, upon the real property within the resiliency improvement district that is benefited by such public improvements. The municipality may provide for the payment of such benefit assessments in annual installments, not exceeding fifty years, and may forgive such benefit assessments in any given year without causing the remainder of installments of benefit assessments to be forgiven. Benefit assessments on real property where buildings or structures are constructed or expanded after the initial benefit assessment may be assessed as if the new or expanded buildings or structures on such real property existed at the time of the original benefit assessment.
(2) Any benefit assessment shall be adopted and revised by the municipality not less than annually and not more than sixty days before the beginning of the fiscal year. If any benefit assessment is assessed and levied prior to the acquisition or construction of the public improvements, the amount of any such assessment may be adjusted to reflect the actual cost of such public improvements, including all financing costs, once such public improvements are complete, if the actual cost is greater than or less than the estimated costs.
(b) Before estimating and making a benefit assessment under subsection (a) of this section, the municipality shall hold not less than one public hearing on such municipality's schedule of benefit assessments or any revision thereof. Notice of such hearing shall be published not less than ten days before such hearing in a conspicuous place on the Internet web site of the municipality, or the municipalities acting jointly pursuant to an interlocal agreement, with the date and time such notice was posted. The notice shall include (1) the date, time and place of such hearing; (2) the boundaries of the resiliency improvement district by legal description; (3) a statement that all interested persons owning real estate or taxable property located within the resiliency improvement district will be given an opportunity to be heard at the hearing and an opportunity to file objections to the amount of the assessment; (4) the maximum rate of assessments to be increased in any one year; and (5) a statement indicating that the proposed list of properties to be assessed and the estimated assessments against those properties are available at the city or town office or at the office of the assessor. The notice may include a maximum number of years the assessments will be levied. Not later than the date of the publication, the municipality shall make available to any member of the public, upon request, the proposed schedule of benefit assessments. The procedures for public hearing and appeal set forth in section 7-250 shall apply for all benefit assessments made by a municipality pursuant to this section, except that the board of finance, or the municipality's legislative body if no board of finance exists, shall be substituted for the water pollution control authority.
(c) A municipality may adopt ordinances apportioning the value of improvements within a resiliency improvement district according to a formula that reflects actual benefits that accrue to the various properties because of the development and maintenance.
(d) A municipality may increase assessments or extend the maximum number of years the assessments will be levied after notice and public hearing is held pursuant to subsection (b) of this section.
(e) (1) Benefit assessments made under this section shall be collected and enforced in the same manner as municipal taxes unless otherwise provided in sections 7-159f to 7-159n, inclusive. Benefit assessments shall be due and payable at such times as are fixed by the municipality, provided the municipality shall give notice of such due date not less than thirty days prior to such due date by publication in a conspicuous place on the Internet web site of each applicable municipality with the date and time such notice was so posted and by mailing such notice to the owners of the assessed real property at the last-known address of any such owner. All revenues from any assessment under this section shall be paid into the appropriate district master plan fund account established under subsection (c) of section 7-159i.
(2) If any property owner fails to pay any assessment or part of an assessment on or before the date on which such assessment or part of such assessment is due, the municipality shall have all the authority and powers to collect the delinquent assessments vested in the municipality by law to collect delinquent municipal taxes. Benefit assessments, if not paid when due, shall constitute a lien upon the real property served and a charge against the owners thereof, which lien and charge shall bear interest at the same rate as delinquent property taxes. Each such lien may be continued, recorded and released in the manner provided for property tax liens and shall take precedence over all other liens or encumbrances except a lien for property taxes of the municipality.
(P.A. 25-33, S. 27.)
History: P.A. 25-33 effective July 1, 2025.
Source: Connecticut General Assembly (cga.ct.gov)URL: https://www.cga.ct.gov/2026/sup/chap_098.htm#sec_7-159kFetched: 10/20/2026