The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-05


II is hereby enacted by the General
Assembly of the State Of Vermont:
Section /. When the location OF a
town house is determined, and lands
for such town house and grounds are
needed, or when a town or incorporat-
ed village votes TO purchase additional
lands for town or village purposes, II
the owner refuses to convey the same
to such town or village for a reason
able price, the selectmen of the town
or the trustees of an incorporated vii
lage shall set out necessary lands and
cause the same to be surveyed and
shall appoint a time and place for
hearing and give notice thereof to the
persons interested, either personally or
by written notice left at the residence
of the owner or occupant OF such
lands, and, at such hearing shall as
certain the damages sustained by said
interested persons; and the damages
agreed upon or assessed shall be paid
or rendered to said persons before TAX
ing possession of the lands.
Sec. 2. When the selectmen or trus-
tees decide to take lands, they shall.
in their order for that purpose fix a
time and notify the owner or occupant
thereof. within which he shall remove
| his buildings, fences, timber, wood or
| trees, which, in the case of enclosed or
! improved lands, shall not, without the
consent of the owner be less than
three months nor until compensation
for damages to such lands is rendered
or paid; and, If the same are not re-
moved within such time, the select
men or trustees shall remove them at
the expense of the town or village.
Sec. 3. Orders and proceedings OF
| the selectmen and trustees, under the
provisions of the two preceding Sec
tions, with the survey of the land
taken. shall be recorded in the office
which the land lies
/ Sec. 4. If the owner of such land
does not accept the damages award
| ed by the selectmen or trustees. as the
case may be. they may agree with him
/ to refer the question OF damages To
/ one or more dislnterested persons
whose award shall be made in writ
1 ing
! Sec. 5. If a person having an inter
est in such land is dissatisfied with
/ the action Of the selectmen or trus
tees in locating and setting 1t out or
with the damages awarded therefor b.
them. he may apply by petition TO tn
county court at its next stated term
If there is sufficient time for notice
and, if not, to the succeeding term
and any number of persons aggrieved
may join in the petition The petition
with a citation, shall be served on the
clerk of the town or village at leas
twelve days before the session of tn
court; and the court shall appoint
three disinterested commissioners who
shall inquire into the necessity for 10
eating and setting out such land and
as to the amount of damages sustained
by the persons interested therein.
Sec. g. The commissioners shall
give six days notice to such clerk ant
TO the petitioners Of the time and place
of hearing: and, when they have com
pleted their inquiries, they shall re
port to the court; and, upon hearing
the court may accept or reject the re
port, In whole or In part, may maxi
such orders as are necessary for locat
ing and setting out such land and foi
the removal of distractions thereon
may render judgment for the petition
ers for such damages as they have
/ severally sustained, may tax costs fol
either party and may award execution
IN the premises.
See. Z. II lands so required by ;
town or village are encountered b.
! mortgage, such town or village shal
cause the same notice to be given tC
the mortgage or assignee of the mort
gage as is required 10 be given to tn,
owner and the damages agreed upon
or otherwise determined. as specified
in this act, shall be paid to the mort
gagee or assignee: but if the sum du,
on the MORTGAGE is less than the dam
ages awarded the amount due on tn,
mortgage shall be paid to the holdel
aud the balance TO the owner
See. s. When the damages finally
awarded .or lands so taken by tow
or village are paid TO the person en-
titled thereto, title TO such lands shall
vest la the town or village for III.
purposes aforesaid
Approved January r., 1913.