reglab/housing_qa huggingface dataset:
19 V.S.A. § 707
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 707. Powers of supreme and superior courts

§ 707. Powers of supreme and superior courts|Upon petition for that purpose as in case of laying out, altering, or discontinuing a highway, and by similar proceedings, the supreme or superior court may order hills to be graded and surfaces to be graveled on existing highways under the provisions of section 706 of this title. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 708
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 708. Petition

§ 708. Petition|(a) Persons who are either voters or landowners, and whose number is at least five percent of the voters, in a town, desiring to have a highway laid out, altered, reclassified, or discontinued, may apply by petition in writing to the selectboard for that purpose. A person who is a landowner in a town, desiring to have an unidentified corridor which passes through or abuts his or her land discontinued or altered, may apply in writing to the selectboard for that purpose. The selectboard may also initiate these proceedings on its own motion.(b) A class 4 highway need not be reclassified to class 3 merely because there exists within a town one or more class 3 highways with characteristics similar to the class 4 highway. In considering whether to reclassify a class 4 highway to class 3, consideration may be given as to whether the increased traffic and development potential likely to result from the reclassification is desirable or is in accordance with the town plan. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2005, No. 178 (Adj. Sess.), § 3.)
19 V.S.A. § 709
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 709. Notice and hearing

§ 709. Notice and hearing|The selectmen shall promptly appoint a time and date both for examining the premises and hearing the persons interested, and give 30 days' notice to the petitioners, and to persons owning or interested in lands through which the highway may pass or abut, of the time when they will inspect the site and receive testimony. They shall also give notice to any municipal planning commission in the town, post a copy of the notice in the office of the town clerk, and cause a notice to be published in a local newspaper of general circulation in the area not less than ten days before the time set for the hearing. The notice shall be given by certified mail sent to the official residence of the person(s) required to be notified. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 710
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 710. Survey or order of discontinuance

§ 710. Survey or order of discontinuance|After examining the premises and hearing any interested parties, and if the selectmen judge that the public good, necessity, and convenience of the inhabitants of the municipality require the highway to be laid out, altered, or reclassified as claimed in the petition, they shall cause the highway to be surveyed in accordance with the provisions of section 33 of this title if the highway right-of-way cannot be determined and shall place suitable monuments to properly mark the bounds of the survey. If they decide to discontinue a highway, the discontinuance shall be in writing setting forth a completed description of the highway. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 195 (Adj. Sess.), § 4.)
19 V.S.A. § 711
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 711. Selectmen's return; recording

§ 711. Selectmen's return; recording|(a) Within 60 days after the examination and hearing, the selectmen shall return the original petition with a report of their findings and of the manner of notifying the parties together with the survey or discontinuance, to the town clerk's office. Their order laying out, altering, reclassifying, or discontinuing the highway, with the survey, shall be recorded by the clerk.(b) As part of the report of findings provided for in subsection (a) of this section, the selectmen may order that the petitioner bear the cost of upgrading a class 4 town highway to the class 3 town highway standards established in subdivision 302(a)(3)(B) of this title. Nothing in this section shall be construed to require a town to maintain a class 4 highway or to upgrade a highway from class 4 to class 3. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1991, No. 47, § 2.)
19 V.S.A. § 712
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 712. Damages paid or tendered

§ 712. Damages paid or tendered|When the selectmen determine that a person, through whose land the highway passes or abuts, is entitled to damages, the town shall pay or tender to him or her, damages as the selectmen determine reasonable before the highway is opened. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 713
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 713. Time for vacating land

§ 713. Time for vacating land|When the selectmen lay out or alter a highway, they shall fix in their order the time within which the owner of the lands taken shall remove his or her buildings, fences, timber, wood, or trees. Without the consent of the owner, the time shall not be less than two months, but if the lands taken have buildings, the time shall not be less than six months, nor, in either case, until compensation for damages is paid, if the sum fixed by the selectmen is accepted or damages are awarded by referees. Notice of the time when the removal shall be made shall be given to the owner and included in the selectmen's order. An appeal of the damages awarded shall not stay the work contemplated. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 714
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 714. Possession after time expires

§ 714. Possession after time expires|When a highway is laid out or altered, the selectmen may take possession of the land within the surveyed limits, at any time after the expiration of the time fixed by the selectmen unless appealed to the superior court for landowners to remove their buildings, fences, trees, timber, or wood. They may remove obstructions, and open the lands for working and travel, if they have previously paid or tendered to the landowners the damages awarded by them or by the commissioners laying out or altering the highway. An appeal of the damages awarded shall not stay the work contemplated. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 717
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 717. Evidence of highway completion or discontinuance

§ 717. Evidence of highway completion or discontinuance|(a) The lack of a certificate of completion of a highway shall not alone constitute conclusive evidence that a highway is not public.(b) A town or county highway that has not been kept passable for use by the general public for motorized travel at the expense of the municipality for a period of 30 or more consecutive years following a final determination to discontinue the highway shall be presumed to have been effectively discontinued. This presumption of discontinuance may be rebutted by evidence that manifests a clear intent by the municipality or county and the public to consider or use the way as a highway. The presumption of discontinuance shall not be rebutted by evidence that shows isolated acts of maintenance, unless other evidence exists that shows a clear intent by the municipality or county to consider or use the highway as if it were a public right-of-way.(c) A person whose sole means of access to a parcel of land or portion thereof owned by that person is by way of a town highway or unidentified corridor that is subsequently discontinued shall retain a private right-of-way over the former town highway or unidentified corridor for any necessary access to the parcel of land or portion thereof and maintenance of his or her right-of-way. (Added 1999, No. 156 (Adj. Sess.), § 25, eff. May 29, 2000; amended 2005, No. 178 (Adj. Sess.), § 4.)
19 V.S.A. § 725
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 725. Arbitration

§ 725. Arbitration|If the damages offered by the selectmen are unacceptable to the property owner, or interested person, the selectmen with the consent of the other party, may agree to refer the question of damages to one or more disinterested persons mutually selected, whose award shall be final. The reference and award, and the proceedings used in settling the damages, shall be included in the proceedings of the selectmen returned to the town clerk for recording. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 726
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 726. Petition to superior court

§ 726. Petition to superior court|A person not satisfied with the damages offered by the selectmen, or any decision made by the selectmen, may apply to the civil division of the superior court for the appointment of commissioners to appraise the damages. Any other persons claiming damages on account of the highway may join in the petition, but filing the petition shall not delay the opening of the highway. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238.)
19 V.S.A. § 727
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 727. Application

§ 727. Application|The application shall be made within 60 days after the highway is opened for travel. A person who did not receive notice of the selectmen's hearing may apply within one year of the day the highway is opened. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 728
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 728. Service

§ 728. Service|On receipt of the petition, the court shall issue a citation stating the time and place of hearing, which with the petition, shall be served on one or more of the selectmen at least six days before the time. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 729
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 729. Commissioners- Selection

§ 729. Commissioners- Selection|When the parties do not agree with any other method of appointing commissioners, the court may make a list of 18 disinterested people. Each party may object to six on the list, and out of the number not objected to, the court shall select three for commissioners. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 730
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 730. Commission

§ 730. Commission|The court shall direct the commission to impartially appraise the damages sustained by the petitioner or the relief sought as set forth in the petition, and report their findings to the court by a date stated in the instructions. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 731
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 731. Impartial appraisals

§ 731. Impartial appraisals|The commissioners shall be sworn to make impartial appraisals. They shall give at least six days' notice of the time of making the appraisal to one or more of the selectmen and, at the time appointed, examine the premises, make the appraisal, and report their findings as directed in their instructions from the court. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 732
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 732. Report

§ 732. Report|The court may accept or reject the report in whole or in part or recommit it to the same or new commissioners with such instructions as justice requires. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 733
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 733. Costs

§ 733. Costs|When the appraisal by the commissioners is more than was offered by the selectmen, the town shall pay the costs; when less, costs shall be borne by the petitioner. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 740
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 740. Petition

§ 740. Petition|(a) When a person owning or interested in lands through which a highway is laid out, altered, or resurveyed by selectboard members, objects to the necessity of taking the land, or is dissatisfied with the laying out, altering, or resurveying of the highway, or with the compensation for damages, he or she may appeal, in accordance with Rule 74 of the Vermont Rules of Civil Procedure, to the superior court in the same county, or in either county when the highway or bridge is in two counties. Any number of aggrieved persons may join in the appeal. The appeal shall be filed within 30 days after the order of the selectboard members on the highway is recorded. If the appeal is taken from the appraisal of damages only, the selectboard members may proceed with the work as though no appeal had been taken. Each of the appellants shall be entitled to a trial by jury on the question of damages.(b) The words "necessity" and "damages" as used in this section shall have the same definition as set forth in chapter 5 of this title. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 161 (Adj. Sess.), § 12, eff. Jan. 1, 1998; 2005, No. 178 (Adj. Sess.), § 5.)
19 V.S.A. § 741
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 741. Appointment of commissioners

§ 741. Appointment of commissioners|The court shall appoint three disinterested landowners as commissioners, to inquire into the convenience and necessity of the proposed highway, and the manner in which it has been laid out, altered, or resurveyed, and, except where a trial by jury is requested, as to the amount of damages sustained by the appellant. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 161 (Adj. Sess.), § 13, eff. Jan. 1, 1998.)
19 V.S.A. § 742
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 742. Commissioners' report; judgment on report

§ 742. Commissioners' report; judgment on report|The commissioners shall give notice to one or more of the selectboard members and to the appellants of the time and place where they will examine the area and hear testimony. After completing their inquiries, they shall make a report to the court. The court may accept or reject the report in whole or in part, and by its order or decree may establish, alter, resurvey, or discontinue the highway, and may render judgment for the appellants for any damages as they have severally sustained. When this allowance is greater than was offered by the selectboard members, the court may tax costs for the appellants, or for either party, as is just. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 161 (Adj. Sess.), § 14, eff. Jan. 1, 1998.)
19 V.S.A. § 743
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 743. Opening of highway stayed; damages

§ 743. Opening of highway stayed; damages|When the appeal to the superior court is based on objections to the necessity of taking the land, or on dissatisfaction with the laying out, alteration, or resurvey by the selectboard members, the opening of the highway shall be stayed until the court renders its decision. The court may fix the time when it shall be opened, as provided in this chapter, and for paying damages awarded when the appeal includes or relates solely to the question of damages. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 161 (Adj. Sess.), § 15, eff. Jan. 1, 1998.)
19 V.S.A. § 750
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 750. Petition

§ 750. Petition|When the selectmen do not lay out, alter, or discontinue a highway, or when a highway is laid out by selectmen and is not built and opened for use within three years, or if discontinued by the selectmen before it is built and opened, persons who are either voters or landowners, and whose number is at least five percent of the voters, of the town may apply for relief by petition in writing to the superior court for the same county, or in either county when the highway or bridge is in two counties, for any of these purposes. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 751
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 751. Service of citation; commissioners

§ 751. Service of citation; commissioners|The petition with a citation, shall be served on one or more of the selectmen within 21 days from the date received by the court. Unless cause is shown to the contrary, the court shall appoint as commissioners three disinterested landowners, preferably from other towns. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 752
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 752. Court may refuse to appoint commissioners

§ 752. Court may refuse to appoint commissioners|When, within five years from the date of the petition, two prior petitions have been brought for substantially the same purpose, and the appointed commissioners' report was adverse to the petition, the court may refuse to appoint commissioners and may dismiss the petition. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 753
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 753. Hearing by commissioners

§ 753. Hearing by commissioners|The commissioners shall appoint a time and place for examination and hearing, give notice to one or more of the selectmen and to persons owning or interested in the land through which the highway may be laid, examine the premises and inquire into the convenience and necessity of the highway in the same manner as the selectmen, following the requirements of section 709 of this title. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 754
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 754. Survey; determining damages

§ 754. Survey; determining damages|When the commissioners decide to lay out or alter a highway, they shall cause the highway to be surveyed and determine what damages will be sustained by the persons interested in the lands after notifying the persons of the time and place of the hearing. The expenses of making the survey shall be included in the commissioners' accounts and allowed by the court. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 755
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 755. Petitioners especially benefited

§ 755. Petitioners especially benefited|When the commissioners determine that the petitioners or some of them, will be especially benefited, they may make their decision to lay out the highway conditional upon the payment by the petitioners benefited of money, in the amount as the commissioners deem just, towards the expense of laying out and building the highway. They shall include a statement of the names of the parties benefited and the amount apportioned to each, in their report to the superior court. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 756
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 756. Filing of report

§ 756. Filing of report|When the commissioners have completed their inquiries, they shall report their findings and decision with the survey and appraisal of damages, if any. The report shall be returned to and filed in the county clerk's office within 30 days after the completion of the inquiry. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 757
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 757. Filing of survey and appraisal

§ 757. Filing of survey and appraisal|The commissioners shall also file a copy of the survey and the appraisal of damages in the town clerk's office at the time of filing their report in the superior court. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 758
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 758. Opposing report

§ 758. Opposing report|The town or any interested person may appear before the court to oppose the acceptance of the report by showing any relevant facts. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 759
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 759. Orders on report; costs

§ 759. Orders on report; costs|The court may reject or accept the report in whole or in part, and by its order or decree establish, alter, or discontinue the highway, in whole or in part, and render judgment for or against the town in favor of the persons interested in the lands and for the damages they have severally sustained. If the petition is wholly granted, or wholly rejected, the court shall assign costs accordingly, or if otherwise, may assign costs as appears just. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 760
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 760. Order to require payment to town

§ 760. Order to require payment to town|When the report makes the laying out of the highway conditional upon the payment of part of the expense by the petitioners especially benefited, the order laying out the highway shall require payment to the town within a stated time. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 765
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 765. Time limits

§ 765. Time limits|When the supreme or superior court orders a highway to be laid out or altered, it shall fix the time within which owners of lands taken shall remove their buildings, fences, timber, wood, and trees, and open the land for working, and the time when it shall be opened to be occupied; which time, without consent of the owner, shall not be less than two months, nor less than six months if the lands taken have buildings. The court may order sections of a highway to be completed in different times as circumstances may require, but the whole period shall not be less than one year. When the court orders the building of a bridge, it shall fix the time within which it shall be completed, which shall not be less than six months. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 766
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 766. Extension of time

§ 766. Extension of time|The selectmen of a town in which a highway or bridge is ordered to be built may apply by petition to the court making the order, to extend the time for completing the highway or bridge. Notice shall be given to one or more of the original petitioners for the highway or bridge, and one or more of the selectboard of any other town, in which the highway or bridge is partly located, by serving the petition on them with a citation for that purpose, at least 12 days before the term of the Court to which the petition is returnable, and the Court may extend the time as the circumstances of the case require. (Added 1985, No. 269 (Adj. Sess.), § 1.)