1. NOTICE OF PROPOSED EASEMENT EXCHANGE

Complete Address of Property:  Snyder Road, Haddam

Number of acres to be transferred: Exchange of easements

Click to view map of property location

Description of Property

Brief Description of Historical and Current Uses: The Department of Energy and Environmental Protection (“DEEP” or the “Department”) is the owner of Connecticut Valley Railroad State Park.  The State purchased this land from the Penn Central Railroad in August 1969.  The property was acquired subject to existing authorized uses of the land.  Certain uses, while occurring with Penn Central’s knowledge, were not formally authorized. 

DEEP intends to resolve long-standing issues with the use of the State Park through an area of Haddam with multiple private right of ways crossings the State Park in and around Snyder Road held by DAMAR, LTD.  The resolution involves the termination of multiple easements held by DAMAR, LTD. in exchange for one easement to cross the State Park at the long-established location of Snyder Road along with the right to pass along the property to access all lands owned by DAMAR, LTD. without crossing the railroad.  This resolution will limit the crossings over State land and will protect public safety. 

DEEP evaluated this request pursuant to DEEP’s 2008 Directive – Exchanges of Land or Interests in Land (the “Directive”).  The Directive states that land or interests in land shall not be exchanged, except in extenuating circumstances and only when all of the following criteria are met:

1. The exchange is not contrary to the terms or conditions under which the acquisition, gift, or bequest of such land or interest in land was accepted;
2. The land or interest in land has been evaluated by Department personnel and determined not to be integral or significant to the resource management programs of the Department; 
3. Appraisals have determined that the fair market value of the land or interest in land to be received by the Department is equal to or greater than the fair market value of the land or interests in land being conveyed out by the Department;
4. The land or interests in land to be received by the Department provides substantially greater utility to the resource management programs of the Department than the land or interests in land being conveyed out by the Department;
5. The Commissioner has determined that any proposed use of the land or interests in land to be exchanged, if known at the time of the exchange, is consistent with the State Conservation and Development Policies Plan; and
6. Except in extraordinary circumstances, the land or interest in land being conveyed out by the Department will be conveyed subject to: 1) a conservation or other easement or similar encumbrance in favor of the state ensuring that any restriction on such land or interest in land that was in effect immediately prior to the exchange remains in effect after the exchange; and 2) a reverter clause stipulating that the land or interest in land will revert back to the DEEP if the easement or similar encumbrance is violated or not upheld. Any finding of extraordinary circumstances shall not apply to land subject to Conn. Gen. Stat. § 23-8a

DEEP evaluated this proposal and determined by that:

• The right of way to be conveyed has long been used by DAMAR, LTD. for business purposes to connect business operations on either side of the State land and has long been used by the public to access commercial property along the Connecticut River.  Further, this location is more desirable for State Park operations than the deeded crossing located 130 feet to the east being proposed for termination by DAMAR, LTD.  The value of these easements is approximately the same.
• The easement to pass along State land to connect DAMAR, LTD. lands is more desirable to the State Park operations than the deeded rights of way that cross State land.  The value of these easements is approximately the same.  
• The property being conveyed is not integral or significant to the resource management programs or other DEEP business purposes, and the land being exchanged (through a termination of existing rights of way) provides substantially greater utility to DEEP by limiting additional crossing over the State Park land.

The property to be transferred contains the following:

Buildings in use
Buildings not in use
Wooded land
 Nonagricultural fields
 Active agriculture
 Paved areas
 Ponds, streams or other water

Water Supply:   Public water supply   On-site well    Unknown
Waste Disposal:    Served by sewers    On-site septic system    Unknown

of Form

The Connecticut Conservation and Development Policies Plan identifies the property as being in the following categories:

Regional Center
Neighborhood Conservation Area
Growth Area
 Rural Community Center
 Rural Area
 Conservation Area

 Preservation Area

 Existing Preserved Open Space

The property is in the following municipal zone:

Not zoned
Residential
Industrial
 Commercial
 Institutional
 Other: 
 Not known 

Value of property, if known: 

If checked, value is not known.

Type of Sale or Transfer:

Sale or transfer of property in fee

Sale or transfer of partial interest in the property (such as an easement).  Description of interest:

DAMAR, LTD. is extinguishing all rights it has to cross the Connecticut Valley Railroad State Park over the former location of the Snyder Road, between the two properties now owned by DAMAR, LTD. on either side of the State Park and formerly owned by Brooks B. Heise, Sr., and any other rights it may have to cross the State Park in exchange for the right to cross the State Park at the new location of Snyder Road, as currently constructed, the right to maintain underground utilities under the State Park at the former location of Snyder Road, and the right to maintain access over and along the State Park to reach all properties owned by DAMAR, LTD. without the right to cross the State Park.

Proposed recipient, if known:  DAMAR, LTD.

Proposed use by property recipient, if known:  Maintain access over and along the State Park by easement without the right to cross the State Park, except at the current location of Snyder Road.  

The agency is proposing to transfer the property with the following restrictions on future uses: The easement will be transferred with the requirement that DAMAR, LTD. restore and maintain drainage along the State Park, as it passed through lands owned by DAMAR, LTD.

Reason the State of Connecticut is proposing to transfer this property:  The property owner is willing to extinguish multiple rights to cross the State Park through lands owned by DAMAR, LTD. and limit its right to cross the State Park to the area currently developed and known as Snyder Road.  Extinguishing other existing easements over the State Park will greatly improve public safety related to the operation of the recreational railroad on the State Park.  In addition, DAMAR, LTD. is willing to restore and maintain failed drainage systems under the State Park that will aid recreational railroad operations and maintenance of the State Park. 

In addition, although not related to this exchange, DEEP is working with the Town of Haddam to clarify that Haddam Dock Road is a public highway from River Road north toward the Connecticut River terminating after it crosses the State Park.  Historical documentation and past maintenance of this road supports this determination.

Comments from the public are welcome and will be accepted until the close of business on: July 7, 2017

Comments may include information that you have about significant natural resources or recreation resources on the property, as well as your recommendations for means to preserve such resources.

Written comments* should be sent to:

*E-Mail submissions are preferred.

What Happens Next

When this comment period closes, the proposed land transfer can take one of three tracks:

1.   If no public comments are received, the sale or transfer can proceed with no further public comment and no further notices in the Environmental Monitor, unless the Department of Environmental Protection elects to conduct a review of the property (see #3).

2.   If public comments are received, the Office of Policy and Management will respond to those comments.  The comments and responses will be published in the Environmental Monitor.  Fifteen days after publication of the comments and responses, the proposed sale or transfer can proceed, unless the Department of Environmental Protection elects to conduct a review of the property (see #3).

3.   If the Department of Environmental Protection (DEP) elects to conduct a further review of the property, it may submit to the Office of Policy and Management a report with recommendations for preserving all or part of the property.  The report and recommendations will be published in the Environmental Monitor, and there will be a 30-day public comment period.  The DEP will publish its responses to any comments received and its final recommendation about the property in the Environmental Monitor.  The Office of Policy and Management will then make the final determination as to the ultimate disposition of the property, and will publish that determination in the Environmental Monitor.  Fifteen days after publication of that final determination, the sale or transfer can proceed.

To find out if this proposed transfer is the subject of further notices, check future editions of the Environmental Monitor.  Sign up for e-alerts to receive a reminder e-mail on publication dates.