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2023 Vermont Statutes › Title 19 - Highways › Chapter 5 - Condemnation for State Highway Projects › § 500. Intent

§ 500. Intent
The purpose of this chapter is to ensure that a property owner receives fair treatment and just compensation when the owner’s property is taken for State highway projects, and that condemnation proceedings are conducted expeditiously so that highway projects in the public interest are not unnecessarily delayed. (Added 2011, No. 126 (Adj. Sess.), § 2.)
2023 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 that 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 that 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 that 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.)
2023 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 selectboard 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.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 704. Survey and boundaries

§ 704. Survey and boundaries
When the selectboard accepts, lays out, or alters a highway, as provided in this chapter, it 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; 2021, No. 105 (Adj. Sess.), § 352, eff. July 1, 2022.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 709. Notice and hearing

§ 709. Notice and hearing
The selectboard 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. The selectboard 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.)
2023 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 selectboard judges 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, it 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 the selectboard decides 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; 2021, No. 105 (Adj. Sess.), § 353, eff. July 1, 2022.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 711. Selectboard’s return; recording

§ 711. Selectboard’s return; recording
(a) Within 60 days after the examination and hearing, the selectboard shall return the original petition with a report of its findings and of the manner of notifying the parties together with the survey or discontinuance, to the town clerk’s office. The selectboard’s 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 selectboard 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.)
2023 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 selectboard determines 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 selectboard determines reasonable before the highway is opened. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 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 selectboard lays out or alters a highway, it shall fix in its order the time within which the owner of the lands taken shall remove the owner’s 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 selectboard 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 selectboard’s order. An appeal of the damages awarded shall not stay the work contemplated. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 354, eff. July 1, 2022.)
2023 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 selectboard may take possession of the land within the surveyed limits, at any time after the expiration of the time fixed by the selectboard unless appealed to the Superior Court for landowners to remove their buildings, fences, trees, timber, or wood. The selectboard may remove obstructions, and open the lands for working and travel, if the selectboard previously paid or tendered to the landowners the damages awarded by the selectboard 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; amended 2021, No. 105 (Adj. Sess.), § 355, eff. July 1, 2022.)
2023 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.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 725. Arbitration

§ 725. Arbitration
If the damages offered by the selectboard are unacceptable to the property owner, or interested person, the selectboard, 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 selectboard returned to the town clerk for recording. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 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 selectboard, or any decision made by the selectboard, 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.)
2023 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 selectboard’s hearing may apply within one year of the day the highway is opened. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 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 that, with the petition, shall be served on one or more selectboard members at least six days before the time. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 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 individuals. 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; amended 2021, No. 105 (Adj. Sess.), § 356, eff. July 1, 2022.)
2023 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.)
2023 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 selectboard members 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.)
2023 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.)
2023 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 selectboard, the town shall pay the costs; when less, costs shall be borne by the petitioner. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 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.)
2023 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.)
2023 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.)
2023 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, 1999.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 750. Petition

§ 750. Petition
When the selectboard does not lay out, alter, or discontinue a highway, or when a highway is laid out by the selectboard and is not built and opened for use within three years, or if discontinued by the selectboard 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.)
2023 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 selectboard members 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.)
2023 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.)
2023 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 selectboard members 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 766. Extension of time

§ 766. Extension of time
The selectboard 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.)