Attorney General's Opinion

Attorney General, Richard Blumenthal

February 9, 1995

Honorable Robert M. Ward
House Minority Leader
Legislative Office Building, Rm 4200
Hartford, CT 06106

Dear Representative Ward:

In a letter dated August 16, 1994, Representative Krawiecki, then House Minority Leader, requested that this office answer two questions regarding an alleged boundary dispute in the Borough of Newtown. We now reply to your attention.

1. His first question asked:

What is the appropriate method for taxpayers who assert that the boundaries of a political subdivision of the state are unknown or inadequately marked to compel that entity to conduct a survey of its boundary?

We note that Conn. Gen. Stat. § 7-113 requires each municipality to set its boundaries. Further Conn. Gen. Stat. § 7-115 establishes a mechanism in the instance where there is a boundary dispute between towns or between boroughs. The statutory procedure calls for a petition to be filed in the Superior Court by local officials seeking a resolution of the boundary dispute. Since the process is local in nature, legal guidance on this matter should, more appropriately, be sought by interested taxpayers from their town attorney. See Ops. Conn. Atty. Gen. April 20, 1972; November 2, 1972; August 22, 1974; September 3, 1974; December 15, 1988.1

2. His second question asked:

Does an individual member of the General Assembly have the power to compel a political subdivision such as a borough to survey its boundary?

We answer that an individual member of the General Assembly does not have the power to compel a political subdivision of the state to survey its boundaries. The legislature acting as a whole, however, may pass legislation regarding the duties of a political subdivision in regard to boundary surveys. See Romanowski, 10 Conn. App. 85.

We trust these answers are of assistance.

Very truly yours,

Richard Blumenthal
Attorney General

Henry S. Cohn
Assistant Attorney General

1 We would point out that two cases cast doubt on the ability of a taxpayer to compel town or borough authorities to correct irregularities in a boundary, when municipal officials decline to take such action. See Town of Suffield v. Town of East Granby, 52 Conn. 175 (1884); Romanowski v. Foley, 10 Conn. App. 80 (1987).

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