Skip to navigation Skip to content Skip to subnav
Searching 2017-2018 Session

The Vermont Statutes Online

Title 19 : Highways

Chapter 007 : LAYING OUT, DISCONTINUING, AND RECLASSIFYING HIGHWAYS

Subchapter 002 : LAYING OUT, ALTERING, RECLASSIFYING, OR DISCONTINUING HIGHWAYS BY PETITION TO SELECTBOARD

(Cite as: 19 V.S.A. § 717)
  • § 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.)