The Vermont Statutes Online

Title 12: Court Procedure

Chapter 173: Forfeiture of Grants

• § 4981. Grant defined; acts of incorporation

  The word “grant” as used in this chapter shall mean grants or charters of lands lying in this State, made by the king of Great Britain, or by this State or any other government; acts of the General Assembly granting to individuals rights or privileges not common to all the citizens of the State; and acts of incorporation for any purpose.

• § 4982. Grantee defined

  The word “grantee” as used in this chapter shall mean the person to whom such land, rights, or privileges were granted, and the representatives or assigns of such persons, or the corporation thus created.

• § 4983. Grounds for forfeiture of grants

  Grants may be adjudged forfeited for the nonperformance of a condition annexed to or contained in such grant, whether expressed, or from the nature of the grant, clearly implied.

• § 4984. Effect of judgment

  When a grant is adjudged forfeited, the grantee shall thereby be divested of the rights, benefits, and privileges derived therefrom. The grant shall be considered vacated and the thing granted shall revert to the State.

• § 4985. Mode of process; venue

  The mode of process shall be by summons and complaint and the action shall be held in the Superior Court of the county in which the land lies, if it is a grant of land. If it is an act of incorporation, the action shall be held in the county in which any part of the business of the corporation is done, or, by the terms of the act, should be done. (Amended 1971, No. 185 (Adj. Sess.), § 144, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

• § 4986. Prosecution of complaint

  The complaint shall be prosecuted in the name of the State by the State’s Attorney of the county in which the action is pending. (Amended 1971, No. 185 (Adj. Sess.), § 145, eff. March 29, 1972.)

• § 4987. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

• § 4988. Prosecution by State’s Attorney

  On the application of 20 or more freeholders of the county, the State’s Attorney shall commence and prosecute the action against a corporation, if, in his or her opinion, the grant of the corporation is forfeited, and the public good requires that it should be adjudged forfeited. (Amended 1971, No. 185 (Adj. Sess.), § 146, eff. March 29, 1972.)

• § 4989. Grantees may defend severally; jury trial

  When several grantees claim under the same grant, each may answer separately, denying the allegations in the complaint, or pleading performance of the conditions of the grant or asserting any equitable reason why the grant should not be forfeited. Issues of fact shall be tried by jury, and the jury may return a general or special verdict, except that issues raised by any equitable defense shall be determined by the presiding judge. (Amended 1971, No. 185 (Adj. Sess.), § 147, eff. March 29, 1972.)

• § 4990. Judgment on default; proof required

  When the grantee does not answer or appear and sufficient facts are proved on hearing, the court may adjudge the grant forfeited. (Amended 1971, No. 185 (Adj. Sess.), § 148, eff. March 29, 1972.)

• §§ 4991-4994. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

• § 4995. Copy of judgment transmitted to Secretary of State

  When final judgment has been rendered that a grant is forfeited, the clerk of the court within 30 days from the rendition thereof shall transmit to the Secretary of State a certified copy of such judgment to be recorded and kept in his or her office.

• § 4996. Writ of possession

  When judgment of forfeiture is thus rendered and transmitted, and the thing granted is capable of actual possession and occupancy, possession thereof may be obtained by the State or by a second grantee, by a writ of possession. Such writ shall be issued by the court rendering such judgment, on motion of the State’s Attorney or the second grantee, but only after reasonable notice of the motion has been given to the party in possession.