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Looking for Legal Notices in Barkhamsted
By Lyndsey Keene, Barkhamsted
For many years all legal notices for the Town of Barkhamsted were published in the Register-Citizen, a newspaper with a substantial circulation in the town for 112 years. This consistent and well-established practice adequately met the requirements for legal notices as set by the state statutes. However, in recent years the town and its agencies, boards, commissions and some elected officials have decided to use other newspapers. Legal notices have appeared in the Hartford Courant, the Register-Citizen, the Winsted Journal and the Foothills Trader (most people really like this last publication, but I hardly think they depend on it for news or legal notices). In a survey of 33 similar towns, all but two of them publish legal notices in only one paper. The other two towns publish in two papers to avoid the question of whether they provided proper legal notice.
On July 31 a Special Town Meeting was held in Barkhamsted to address abandonment of all roads that are not maintained by the town and also to give an easement to the power company for installation of power lines on a road known as the Old Military Road, which is an extension of Rust Road. (Or is Rust Road built on Old Military Road?) For many years the town has denied acceptance or ownership of this road; now they want to give an easement on it. These are very important questions for the people who live or own property on these roads, or for future development on any roads. The roads that may be abandoned were not specified, so for all intent and purposes that could mean your road and affect your property. Could this lead to access problems and possible litigation "down the road" (pun intended)?
The Special Town Meeting was attended by only 33 people, of which two or more may have been local reporters. This amounts to less than 1% of the residents of Barkhamsted. This Special Town Meeting was noticed in the Winsted Journal, a weekly paper that has 113 subscribers in Barkhamsted. In comparison, the Register-Citizen has 189 subscribers, and the Hartford Courant has 212 subscribers. The numbers speak the truth of the matter. (I confess I don't know the circulation of The Voice, but it may also be a contender.)
Town residents are entitled to notification in a newspaper with substantial circulation in the town. If we the people were properly noticed, it would have been our decision to attend or vote on these important questions. I intentionally misquote Johnny Cochran: "You can't go if you don't know!"
The intent of a legal notice is to inform as many of the people whom the notice is intended to reach, so they might have an opportunity to voice their opinion and have reasonable time to evaluate and educate themselves on the subject of the notice! It does not seem unreasonable that notices be placed consistently in the same paper (or even two newspapers simultaneously) to achieve the intent of the statute. Most people are creatures of habit and would soon figure out where to find the legal notices. Previously all notices were published in the Register-Citizen, but presently if you live in the town of Barkhamsted you have to look in all four papers to find legal notices. Lets be truthful: Do most households get all four of these papers?
The words "substantial circulation" as used in the state statutes is the problem in Barkhamsted. I have recently asked the Board of Selectmen to address this matter and eagerly await their opinion or decision. I'm "voicing" my concerns, and you could too! Call, write, or e-mail our selectmen and tell them what you think!
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