Connecticut is no stranger to landmark eminent domain disputes, with the U.S. Supreme Court having ruled in 2005 that the city of New London could shift from one private owner to another in order to further economic development. Nor is the state Department of Transportation any stranger to such proceedings, as the agency often condemns land to make way for public roads.
Now, the Connecticut Appellate Court or the state Supreme Court is going to hear an apparent issue of first impression in condemnation law: can the Department of Transportation use its eminent domain power to take intangible property? In this case, can it withdraw certificates that authorize four bus companies to operate on certain routes?
