Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1912-04-05
TWIN STATE RESISTS
Clash with the CentroI Vermont
in Ejectment Suit
Seeks Title to Gas House Premises by
Right Of Eminent Domaln-Wants
Damages Fixed by Courts Commission.

Right Of Eminent Domaln-Wants
Damages Fixed by Courts Commission.
An action in the windham county
court was brought this week which may
complicate the railroad situation in
Brattleboro. 1t is an action on the part
of the Brattleboro Gas Light company
and the Twin State Gas & Electric COM
pany against the New London Northern
Railroad company and the Central Ver-
mont Railway company to take by right
of eminent domain the land now occu-
pied by the gas plant on the east side of
the railroad yard. 1t asks the court to
appoint three persons to appraise the
property desired to be taken by con-
demnation proceedings.
The petition states that the Brattle-
boro Gas Light company was incorpo-
rated by special Act No. 236, Acts of 1888,
subsequently amended by Act No. 19S,
Acts of 1902, comforting upon that COM
pany the right and power to take land
by eminent domain. The company be-
gan supplying gas in 1888. On Jan. p,
1882, 1T leased from the New London
railroad certain lands for the purpose of
erecting certain buildings thereon and
placing therein the gas containers and
other necessary apparatus The land is
described in the land records of Brat
tleboro as follows IAN that certain piece
or parcel of land situated in the village
ham, state of Vermont, bounded on the
north by the highway leading from Brat
tleboro to Hnsdale and the bridge
across the Connecticut river, on the east
by the Connecticut river, on the south
and west by land occupied by the Cen
trail Vermont railway"
After acquiring possession of the land,
the petition states, the Gas Light COM
pany expended practically $4,000 in
erecting two brick buildings thereon and
developing the property. on Dec. /, 1911,
the Central Vermont company leased
from the New London road this prop
erty, among other properties for so
years and in June, 1906, leased the Gas
Light company the land in question and
in August, 1906, entered into an agree
ment for the Gas Light company to as
sign the lease to the Twin State COM
pany, which company at about that time
secured a controlling interest in the Gas
Light company, continuing ever since to
carry on the business.
Among the terms and conditions con-
tanned in the operating agreements ex-
listing between the petitioners, the pc
ttion states, is proviso that the Gas
Light company shall acquire under its
charter such additional land as shall be
necessary from time to time to meet the |
needs of the public service, co-operat- |
ing with the Twin State company. The |
latter company says it has requested the |
Gas Light company to acquire by emf
nent domain under its charter by con-
demnation proceedings the land now &C. |
oupied by the gas works, which land is |
described in detail in the petition.
The petitioners state that it is abso- |
lutely essential for them to acquire and |
own the land described in order to |
meet the public needs and adequately to |
supply the public with gas The rail- |
road companies have notified the Twin |
State company to vacate the premises. |
and the Central Vermont company has |
instituted an action of ejectment re-
turnable al the term of county court |
which will begin next week, wherein it
seeks to recover immediate possession of |
the land involved
Recently the Twin State company
asked the owners of the land to name a
price for which they would sell it. The
petition says the Twin State company
has not been able to acquire title to the |
land because the owners have not been |
able to agree with the petitioners as to |
the amount of compensation. refusing to |
consider any price whatsoever.
The Twin state company says that If |
the railroad company's prayer of eject |
ment is granted irreparable damage will |
result and the public will be greatly an |
noyed because the entire gas business |
will have to be discontinued indefinitely. |
The company says it possesses no other !
land or premises suitable for carrying |
on the gas business and that it would |
be impossible to change the location of |
the plant without involving great dam
age. 1t asks, therefore. that the court |
determine the necessity for taking the |
land, and upon such determination be-
ing in the affirmative appoint three dis
interested and competent persons to act !
as appraisers, who shall apprase the
damages and award the costs in their
discretion, also that the real estate shall |
be adjudged necessary for the continual
ton of the business and that the ap-
praisers ascertain the compensation to
be paid to the owners.
Wherry & Morgan of New York and |
II. G. e. F. f. Barber of this town are
attorneys for the petitioners. Notice of
the proceedings has been served on the |
railroad officials in St. Adams.
Some interesting law questions are in
volved in this action, as both parties are
public service corporations with power
to take land by right of eminent do
main. The land involved is needed by
the present owners for carrying out the |
proposed railroad DEVELOPMENT and the |
agreement between the Boston & Maine |
and General Vermont railroads so that
additional ward room and a union sta
ton may be provided. The need was |
determined and notice to vacate was |
served on the Twin State company be- |
fore that company began its effort to |
secure title to the land by eminent do |
main proceedings. That being true, the |
ability of the Twin State company to |
maintain it's action is an uncertain ques-
ton, which NAV have to be decided by |
the supreme court.