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Searching 2017-2018 Session

The Vermont Statutes Online

Title 24 Appendix : Municipal Charters

Chapter 237 : VILLAGE OF LYNDONVILLE

(Cite as: 24 App. V.S.A. ch. 237, § 39)
  • § 237-39. Sewer system

    Whenever the public health or convenience may require, a common sewer or main drain may be laid, constructed, maintained, altered, repaired, or replaced for use of said Village. Upon written application of five or more freeholders and legal voters of said Village, the trustees shall be authorized and empowered to lay, construct, maintain, alter, repair, or replace said common sewer or main drain, and for this purpose from time to time when necessary they may take any land whatever on making compensation paying damages therefor, provided such use of any such public way, or other property, does not unreasonably interfere with public travel; the trustees shall proceed in the same manner as is prescribed by law for selectmen taking land for public highways and in awarding damages therefor, and said trustees shall make a report of their action which shall be recorded by the Clerk of the Village in the records of the Village. Every person whose particular drain shall enter into any such sewer or main drain, or who in the opinion of said trustees shall receive benefit thereby in the draining of his or her premises, shall be liable to contribute his or her just share towards the expense of laying, constructing, or replacing such sewer or main drain, and he or she shall be assessed therefor by said trustees. Notice of the time and place of such assessment shall be given to such person in a manner reasonably calculated to bring his or her attention to the fact of the assessment. A certificate of such assessment shall be left with the Clerk of said Village to be recorded by him or her in the records of said Village; when so recorded the amount so assessed shall be a lien in the nature of a tax on the land so assessed until the same shall be paid, and if the owner of such land shall neglect for the period of six months after the decision of said trustees, or in case of appeal to the County Court, to pay to the Treasurer of said Village the amount of such assessment, said trustees shall issue their warrant for the collection of the same directed to the Collector of said Village who shall have authority to sell at public auction so much of said land, or personalty, of such person as will satisfy such assessment and all legal fees; said Collector shall proceed in the same manner as Collectors of Taxes are required by law to proceed in selling real estate or personalty of such delinquents at auction for the collection of town taxes. When any person shall be dissatisfied with the decision of said Trustees in the award of damages or compensation for land taken for such sewer or main drain, or in any assessment or contribution for the same, such person may petition the Caledonia County Court for a re-assessment, and any number of persons aggrieved may join in the petition; such petition, however, shall not delay the laying, constructing, maintaining, altering, replacing, or repairing of such sewer or main drain. Such petition shall be served on the Clerk of said Village within 60 days next after said award of damages or compensation shall be filed in the office of said Clerk. Such proceedings shall be had in the County Court on said petition as are provided for the reassessment of damages for land taken for highways by sections 4768, 4769, and 4770 of the public laws except as herein provided and the commissioners appointed by the County Court to re-examine any assessment shall notify the Clerk of said Village of the time and place when they will hear the matter.