Northeast Ct. Economic Alliance, Inc. v. ATC Partnership
In Northeast Ct. Economic Alliance, Inc. v. ATC Partnership, 256 Conn. 813, 826-27, 776 A.2d 1068 (2001), the parties stipulated to waive their rights for a personal viewing of the property by the court.
The parties agreed that "the extensive rehabilitative changes that had occurred since the taking" resulted in the property being "in a substantially different state than at the time of taking . . . ." Id.
The court agreed and did not view the property because a visit by the court for a personal viewing would not have been probative with respect to the court's determination of just compensation. Id.
Therefore, although the trial court had failed to comply with the statute, under the circumstances, such noncompliance was harmless. Id. The Court held that "the condemnor is acquiring property in a given condition, and with a value based on that condition. How the property got to be that way and who is responsible has nothing to do with that determination. " Id., 837-38.
The Supreme Court, therefore, adopted a valuation formula that compared polluted property before a taking with polluted property after the taking. Id., 832-34.