reglab/housing_qa huggingface dataset:
19 V.S.A. § 501
2021 Vermont Statutes|Title 19 - Highways|Chapter 5 - Condemnation for State Highway Projects|§ 501. Definitions

§ 501. Definitions|As used in this chapter:  (1) "Necessity" means a reasonable need which considers the greatest public good and the least inconvenience and expense to the condemning party and to the property owner. Necessity shall not be measured merely by expense or convenience to the condemning party. Necessity includes a reasonable need for the highway project in general as well as a reasonable need to take a particular property and to take it to the extent proposed. In determining necessity, consideration shall be given to the:  (A) adequacy of other property and locations; (B) quantity, kind, and extent of cultivated and agricultural land which may be taken or rendered unfit for use, immediately and over the long term, by the proposed taking; (C) effect upon home and homestead rights and the convenience of the owner of the land; (D) effect of the highway upon the scenic and recreational values of the highway; (E) need to accommodate present and future utility installations within the highway corridor; (F) need to mitigate the environmental impacts of highway construction; and (G) effect upon town grand lists and revenues.  (2) Damages resulting from the taking or use of property under the provisions of this chapter shall be the value for the most reasonable use of the property or right in the property, and of the business on the property, and the direct and proximate decrease in the value of the remaining property or right in the property and the business on the property. The added value, if any, to the remaining property or right in the property which accrues directly to the owner of the property as a result of the taking or use, as distinguished from the general public benefit, shall be considered in the determination of damages. (3) "Interested person" or "person interested in lands" or "property owner" means a person who has a legal interest of record in the property taken or proposed to be taken. (4) "Highway" shall include park and rides. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1995, No. 60, § 41, eff. April 25, 1995; 2011, No. 126 (Adj. Sess.), § 2; 2017, No. 38, § 16; 2021, No. 20, § 90.)
19 V.S.A. § 505
2021 Vermont Statutes|Title 19 - Highways|Chapter 5 - Condemnation for State Highway Projects|§ 505. Hearing on proposed taking; judgment; appeal and stay

§ 505. Hearing on proposed taking; judgment; appeal and stay|(a) Hearing.  (1) If a timely answer is filed denying the necessity of a taking or the public purpose of the project, the court shall schedule a final hearing to determine the contested issues, which shall be held within 90 days of expiration of the deadline for filing an answer by the last interested person served. Absent good cause shown, the final hearing date shall not be postponed beyond the 90-day period. (2) At the hearing, the Agency shall present evidence on any contested issue. (3)(A) The court shall presume that the Agency's determination of the necessity for and public purpose of a project is correct, unless a party demonstrates bad faith or abuse of discretion on the part of the Agency.  (B) The court shall review de novo the Agency's determination of the need to take a particular property and to take it to the extent proposed.    (b) Discovery. Absent a showing of unfair prejudice, the right to discovery on the issues of necessity and public purpose shall be limited to the plans, surveys, studies, reports, data, decisions, and analyses relating to approving and designing the highway project.(c) Judgment. If the court finds a proposed taking lawful, it shall issue a judgment of condemnation describing the property authorized to be taken, declaring the right of the Agency to take the property by eminent domain, and declaring that title to the property will be transferred to the Agency after the Agency, in accordance with section 506 of this chapter, has recorded the judgment, tendered or deposited payment, and notified the owner of the recording and payment. The court may in its judgment modify the extent of a proposed taking.(d) Litigation expenses.  (1) If the court finds a proposed taking to be unlawful, or if the Agency abandons the condemnation proceeding other than under a settlement, the court shall dismiss the complaint and award the property owner his or her costs and reasonable litigation expenses, including reasonable attorney, appraisal, and engineering fees actually incurred because of the proceeding. (2) If the court issues a judgment of condemnation that substantially reduces the scope of the Agency's proposed taking, the court shall award the property owner a share of his or her costs and reasonable litigation expenses that is proportional to the reduction in the proposed taking.   (e) Appeal, stay. A judgment of condemnation may be appealed or stayed as a final judgment for possession of real estate under the Vermont Rules of Civil Procedure and the Vermont Rules of Appellate Procedure. A judgment that the Agency cannot acquire the property by condemnation likewise may be appealed. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1999, No. 156 (Adj. Sess.), § 12, eff. May 29, 2000; 2011, No. 126 (Adj. Sess.), § 2.)
19 V.S.A. § 506
2021 Vermont Statutes|Title 19 - Highways|Chapter 5 - Condemnation for State Highway Projects|§ 506. Recording of judgment or notice of condemnation; payment; vesting of title

§ 506. Recording of judgment or notice of condemnation; payment; vesting of title|(a)(1) Within 15 business days of the issuance of a judgment of condemnation by the court or of the preparation of a notice of condemnation by the Agency in accordance with subdivision 503(e)(2) of this chapter, the Agency shall:   (A) record the judgment or notice, including the description of the property taken, in the office of the clerk of the town where the land is situated; and (B) tender to the property owner, or deposit with the court, the amount of the offer of just compensation prepared under subsection 503(b) of this chapter or any other amount agreed to by the owner.  (2) For the purposes of this chapter, if an interested person has not provided the Agency identification information necessary to process payment, or if an interested person refuses an offer of payment, payment shall be deemed to be tendered when the Agency makes payment into an escrow account that is accessible by the interested person upon his or her providing any necessary identification information.   (b) Title in the property shall vest in the State, and the Agency may proceed with the project, upon the later of:  (1) the Agency's complying with the requirements of subsection (a) of this section; and (2) the Agency's mailing or delivering to the owner a notice of taking stating that it has complied with the requirements of subsection (a) of this section.   (c) Except in the case of agreed compensation, an owner's acceptance and use of a payment under this section does not affect his or her right to contest or appeal damages under sections 511-513 of this chapter, but shall bar the owner's right to contest necessity and public purpose.(d) Upon the Agency's recording of the judgment or notice of condemnation, the clerk with responsibility over land records shall enter the name of each property owner named in the judgment or notice as a grantor in the general index of transactions affecting the title to real estate. The Agency shall comply with the provisions of 27 V.S.A. chapter 17 governing the composition and recording of project layout plats.(e) [Repealed.]  (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 150 (Adj. Sess.), § 8; 2007, No. 75, § 26; 2011, No. 126 (Adj. Sess.), § 2.)
19 V.S.A. § 507
2021 Vermont Statutes|Title 19 - Highways|Chapter 5 - Condemnation for State Highway Projects|§ 507. Cattle-passes

§ 507. Cattle-passes|In its order of condemnation, the court may direct the Agency to install passes under the highway for the benefit of large modern farm properties, the fee title of which is owned by any party to the proceedings, where a reasonable need is shown by the owner. The court may consider evidence relative to present and anticipated future highway traffic volume, future land development in the area, and the amount and type of acreage separated by the highway in determining the need for an underpass of larger dimensions than a standard cattle-pass of reinforced concrete, metal, or other suitable material that provides usable dimensions five feet wide by six feet three inches high. Where a herd of greater than 50 milking cows is consistently maintained on the property, the court may direct that the dimensions of the larger underpass shall be eight feet in width and six feet three inches in height to be constructed of reinforced concrete, and the owner of the farm property shall pay one-fourth of the difference in overall cost between the standard cattle-pass and the larger underpass. Where the owner of the farm property desires an underpass of dimensions greater than eight feet in width and six feet three inches in height, the underpass may be constructed if feasible and in accordance with acceptable design standards, and the total additional costs over the dimensions specified shall be paid by the owner. The provisions of this section shall not be interpreted to prohibit the Agency and the property owner from determining the specifications of a cattle-pass or underpass by mutual agreement at any time, either prior or subsequent to the date of the court's order. The owner of a fee title shall be interpreted to include lessees of so-called lease land. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 22; 1995, No. 183 (Adj. Sess.), § 18d, eff. May 22, 1996; 2009, No. 3 (Sp. Sess.), § 1; 2011, No. 126 (Adj. Sess.), § 2.)
19 V.S.A. § 511
2021 Vermont Statutes|Title 19 - Highways|Chapter 5 - Condemnation for State Highway Projects|§ 511. Determination of damages

§ 511. Determination of damages|(a) Disputes between a property owner and the Agency on the amount of compensation to be paid as a result of a taking shall be resolved as follows:  (1) If the owner's demand exceeds the Agency's offer of just compensation by $25,000.00 or less, the owner may obtain a determination of damages by either:  (A) petitioning the Transportation Board; or (B) filing a complaint or, if applicable, a motion to reopen a judgment of condemnation, in Superior Court.  (2) If the owner's demand exceeds the Agency's offer of just compensation by more than $25,000.00, the owner may obtain a determination of damages by filing a complaint or, if applicable, a motion to reopen a judgment of condemnation, in Superior Court. (3) A property owner may file a petition, complaint, or motion under subdivision (1) or (2) of this subsection not later than 90 days after the date of the notice of taking required under subsection 506(b) of this chapter. (4) A petition improperly filed with the Board shall be transferred to the Superior Court and, upon such transfer, the owner shall be responsible for applicable court filing fees.   (b) The Board or the court shall appoint a time and place in a county where the land is situated for a hearing, giving the parties at least 10 days' written notice of the hearing. If the property taken extends into two or more counties, the Board or court may hold a single hearing in one of the counties to determine damages. In fixing the place for the hearing, the Board or court shall consider the needs of the parties.(c) Unless the parties otherwise agree or unless the Board or the court determines that it is in the public interest to proceed on the question of damages, any proceedings to determine damages shall be stayed pending the final disposition of any appeal of the questions of necessity or public purpose.(d) Upon demand, a party is entitled to a jury trial in Superior Court on the issue of damages.(e) The Board or the court shall first determine the total damages as between the Agency and all interested persons claiming an interest in a subject property, and the Agency may thereafter withdraw from further proceedings with respect to that property. The Board or the court shall then determine any further questions in the matter, including the apportionment of damages among interested persons. Any Board decision on damages shall include findings of fact, and shall be served on the parties immediately after its issuance. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 24; 2007, No. 75, § 27; 2011, No. 126 (Adj. Sess.), § 2; 2021, No. 20, § 93.)
19 V.S.A. § 512
2021 Vermont Statutes|Title 19 - Highways|Chapter 5 - Condemnation for State Highway Projects|§ 512. Payment following decision on damages; credit of State pledged

§ 512. Payment following decision on damages; credit of State pledged|(a) Within 30 days of a final decision on damages and the exhaustion or expiration of all appeal rights, the Agency shall pay or tender the owner the amount, if any, by which the award to the person exceeds the amount previously paid or tendered by the Agency.(b), (c) [Repealed.](d) The credit of the State of Vermont is pledged to the payment of all amounts awarded or allowed under the provisions of the chapter, and these amounts shall be lawful obligations of the State of Vermont. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 25; 2009, No. 123 (Adj. Sess.), § 50; 2011, No. 126 (Adj. Sess.), § 2.)
19 V.S.A. § 513
2021 Vermont Statutes|Title 19 - Highways|Chapter 5 - Condemnation for State Highway Projects|§ 513. Appeal of damages decision; jury trial

§ 513. Appeal of damages decision; jury trial|(a) A party dissatisfied with a decision of the Transportation Board as to the amount or apportionment of damages awarded may appeal to a Superior Court where the land is situated within 30 days after the date of the decision, and any number of persons aggrieved may join in the appeal.(b) A party appealing the award of the Board is entitled to a jury trial in the Superior Court upon demand.(c) A party aggrieved by a Superior Court decision on damages under this section or section 511 of this chapter may appeal to the Supreme Court in accordance with the Vermont Rules of Appellate Procedure. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 26; 2011, No. 126 (Adj. Sess.), § 2.)
19 V.S.A. § 514
2021 Vermont Statutes|Title 19 - Highways|Chapter 5 - Condemnation for State Highway Projects|§ 514. Award of costs in damages action; litigation expenses in inverse condemnation action

§ 514. Award of costs in damages action; litigation expenses in inverse condemnation action|(a) If a damages award by a court is more than the Agency's offer of just compensation or offer of judgment, whichever is greater, the court shall award the property owner his or her reasonable costs. If the damages award is less than or equal to the greater of the Agency's offer of just compensation or offer of judgment, the court shall award the Agency its reasonable costs.(b) If a court renders judgment in favor of a property owner in an inverse condemnation action or if the Agency effects a settlement of an inverse condemnation action, the court shall award the owner his or her reasonable costs and other litigation expenses, including reasonable attorney's, appraisal, and engineering fees actually incurred because of the proceeding. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 27; 2011, No. 126 (Adj. Sess.), § 2.)
19 V.S.A. § 516
2021 Vermont Statutes|Title 19 - Highways|Chapter 5 - Condemnation for State Highway Projects|§ 516. Relocation

§ 516. Relocation|A municipal corporation affected by a relocation under this chapter may appear and be heard at any proceedings in connection with the relocation. If, after the hearing, the court determines that the relocation of a highway is necessary for the convenience of individuals or of the State, the court shall, by its order, determine under what conditions the Agency of Transportation shall relinquish control to the town of that portion of the State highway system affected by the relocation. When the Agency has complied with the conditions, it shall certify and record this information in the clerk's office of the town in which the highway lies and thereafter the maintenance and control of the portions of the highway relinquished shall be vested in the town where located. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 29; 2021, No. 20, § 94.)
19 V.S.A. § 518
2021 Vermont Statutes|Title 19 - Highways|Chapter 5 - Condemnation for State Highway Projects|§ 518. Minor alterations to existing facilities

§ 518. Minor alterations to existing facilities|(a) As used in this section, the term "minor alterations to existing facilities" means any of the following activities involving existing facilities, provided the activity does not require a permit under 10 V.S.A. chapter 151 (Act 250):  (1) Activities that qualify as "categorical exclusions" under 23 C.F.R. § 771.117 and the National Environmental Policy Act of 1969, as amended, 42 U.S.C. §§ 4321-4347. (2) Activities involving emergency repairs to or emergency replacement of an existing bridge, culvert, highway, or State-owned railroad, even if the need for repairs or replacement does not arise from damage caused by a natural disaster or catastrophic failure from an external cause. Any temporary rights under this subdivision shall be limited to 10 years from the date of taking.   (b) In cases involving minor alterations to existing facilities, the Agency, following the procedures of section 923 of this title, may exercise the powers of a selectboard. However, if an interested person has not provided the Agency with identification information necessary to process payment, or if an owner refuses an offer of payment, payment shall be deemed to be tendered when the Agency makes payment into an escrow account that is accessible by the owner upon his or her providing any necessary identification information. Further, if an appeal is taken under subdivision 923(5) of this title, the person taking the appeal shall follow the procedure specified in section 513 of this title. (Added 1997, No. 150 (Adj. Sess.), § 10; amended 2005, No. 80, § 49; 2013, No. 12, § 18; 2015, No. 158 (Adj. Sess.), § 25.)
19 V.S.A. § 519
2021 Vermont Statutes|Title 19 - Highways|Chapter 5 - Condemnation for State Highway Projects|§ 519. Condominiums; common areas and facilities

§ 519. Condominiums; common areas and facilities|(a) As used in this section, "apartment owner," "association of owners," "common areas and facilities," and "declaration" have the same meanings as in the Condominium Ownership Act, 27 V.S.A. § 1302.(b) Notwithstanding any other provision of law, whenever the Agency proposes under this chapter to acquire any common areas and facilities of a condominium, the association of owners shall constitute the interested person or persons interested in lands in lieu of the individual apartment owners for purposes of the necessity hearing, the compensation hearing, and any appeals from the necessity hearing or compensation hearing.(c) The Agency shall serve one copy of the complaint and summons upon the association of owners through one of its officers or agents, instead of upon the individual apartment owners.(d) The Agency shall make the compensation check payable to the association of owners, which shall then make proportional payments to the apartment owners as their interests appear in the declaration. (Added 1997, No. 150 (Adj. Sess.), § 11; amended 2011, No. 126 (Adj. Sess.), § 2; 2021, No. 20, § 95.)
19 V.S.A. § 701
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 701. Definitions

§ 701. Definitions|As used in this chapter:  (1) "Acceptance" means receipt of the right-of-way needed for a new highway, in some cases this may include a completed roadway. (2) "Altered" means a major physical change in the highway such as a change in width from a single lane to two lanes. (3) "Classification" means the categorization of all town highways pursuant to section 302 of this title. (4) "Discontinued" means a previously designated town highway which through the process of discontinuance all public rights are reconveyed to the adjoining landowners. (5) "Dedication" means the process of selecting a right-of-way or an alignment for a highway. (6) "Interested person" or "person interested in lands" means a person who has a legal interest of record in the property affected. (7) "Landowner" means a person who has title to real estate in fee simple or a life estate. (8) "Lay out" means the legal procedure establishing the alignment or right-of-way of a highway. (9) "Reclassify" means to change the classification of a highway using the legal process described in this chapter. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20, § 96.)
19 V.S.A. § 702
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 702. Width of highways and trails

§ 702. Width of highways and trails|The right-of-way for each highway and trail shall be three rods wide unless otherwise properly recorded. Any highway which had been designated as a trail prior to July 1, 1967 and later becomes a trail shall retain the same width of right-of-way as a trail as it had as a highway, but not exceeding three rods. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 703
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 703. Widening of highways

§ 703. Widening of highways|If the width of a highway as laid out is less than the law or the public convenience requires, the selectmen may widen the highway accordingly. Persons whose lands are taken or are damaged shall be entitled to compensation. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 704
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 704. Survey and boundaries

§ 704. Survey and boundaries|When selectmen accept, lay out, or alter a highway, as provided in this chapter, they shall cause a survey to be made in accordance with the provisions of section 33 of this title and shall mark each termination of the survey by a permanent monument or boundary or refer the termination or survey by course and distance, to some neighboring permanent monument. The survey shall describe the highway and the right-of-way by courses, distances, and width, and shall describe the monuments and boundaries. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 195 (Adj. Sess.), § 3)
19 V.S.A. § 705
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 705. Papers to be recorded

§ 705. Papers to be recorded|A copy of any order of a court establishing, altering, or discontinuing a highway, together with a survey of so much of the road as is in any one town, certified by the clerk of the court, shall be recorded in the office of the town clerk. (Added 1985, No. 269 (Adj. Sess.), § 1.)
19 V.S.A. § 706
2021 Vermont Statutes|Title 19 - Highways|Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways|§ 706. Duties of commissioners appointed by the supreme or superior court

§ 706. Duties of commissioners appointed by the supreme or superior court|Any commissioners appointed by the supreme or superior court to build or repair a bridge, or lay out, alter, or discontinue a highway, may order the town or towns, in or through which they lay out or alter a highway, to grade the hills to such inclination as they deem proper, and to gravel the portions they deem necessary. The commissioners shall estimate the expense and report to the court. The court may accept or reject the report in whole or in part and order the town or towns to gravel portions of the highway and to grade the hills in the manner and to the extent it deems proper. (Added 1985, No. 269 (Adj. Sess.), § 1.)