Section 21-79

Citation: Section 21-79
Parent Document: Eamiello v. Liberty Mobile Home Sales, Inc., 208 Conn. 620 (1988)
Jurisdiction: Connecticut (state)
Effective Date: 1988-08-16
Original Source: https://www.courtlistener.com/opinion/7893279/eamiello-v-liberty-mobile-home-... ↗

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We conclude that § 21-79 as applied to the facts of this case does not involve the actual physical occupation of land for a public purpose, but merely regulates the use to which private property may be put. See id.; Fresh Pond Shopping Center, Inc. v. Callahan, supra; Hall v. Santa Barbara, supra, 1282-84 (Schroeder, J., dissenting). The defendant sold the home on-site to the plaintiffs and voluntarily entered into a rental agreement with them allowing use of the site for that purpose. The right given to the plaintiffs by our statutes to extend the original term of the lease is not equiva*646lent to a governmentally sponsored physical invasion of the defendant’s land. The additional right to transfer to a mobile home purchaser the right to continued occupancy of the site, subject to rejection of the transferee for good cause as provided in § 21-79 (d), is quite similar to the common provision that a landlord may not unreasonably withhold his consent to the assignment of a lease by a tenant. Such a statutorily required condition of a lease agreement similarly does not amount to a taking of property for a use never consented to by the owner, as in Loretto.

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