The Vermont Statutes Online

Title 19: Highways

Chapter 005: Condemnation for State Highway Projects

• § 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.)

• § 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.)

• § 502. Authority; precondemnation hearing

  (a) Authority. The Agency, when in its judgment the interests of the State require, may take any property necessary to lay out, relocate, alter, construct, reconstruct, maintain, repair, widen, grade, or improve any State highway, including affected portions of town highways. In furtherance of these purposes, the Agency may enter upon lands to conduct necessary examinations and surveys; however, the Agency shall do this work with minimum damage to the land and disturbance to the owners and shall be subject to liability for actual damages. All property taken permanently shall be taken in fee simple whenever practicable. The Agency’s acquisition of property pursuant to this chapter, whether by condemnation or conveyance in lieu of condemnation, shall not require subdivision approval under any law, regulation, or municipal ordinance. For all State highway projects involving property acquisitions, the Agency shall follow the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act and its implementing regulations, as may be amended.

  (b) Limited access highway facilities. The Agency, in the construction and maintenance of limited access highway facilities, may also take any land or rights of the landowner in land under 9 V.S.A. chapter 93, subchapter 2, relating to advertising on limited access highways.

  (c) Public hearing; notice of hearing.

  (1) A public hearing shall be held for the purpose of receiving suggestions and recommendations from the public prior to the Agency’s initiating proceedings under this chapter for the acquisition of any property. The hearing shall be conducted by the Agency.

  (2) The Agency shall prepare an official notice stating the purpose for which the property is desired and generally describing the highway project.

  (3) Not less than 30 days prior to the hearing, the Agency shall:

  (A) cause the official notice to be printed in a newspaper having general circulation in the area affected;

  (B) mail a copy of the notice to the legislative bodies of the municipalities affected; and

  (C) mail a copy of the notice to all known owners whose property may be taken as a result of the proposed improvement.

  (4) At the hearing, the Agency shall set forth the reasons for the selection of the route intended and shall hear and consider all objections, suggestions for changes, and recommendations made by any person interested. Following the hearing, the Agency may proceed to lay out the highway and survey and acquire the land to be taken or affected in accordance with this chapter.

  (d) Land used for school purposes. The Agency shall not take land or any right in land that is owned by a town or union school district and being used for school purposes until the voters of the district have voted on the issue of taking at a meeting called for that purpose. A special meeting of the town or union school district shall be called promptly upon receiving notice of a public hearing unless the annual meeting is to be held within 30 days after receiving the notice of public hearing. Due consideration shall be given by the court to the result of the vote, in addition to the other factors referred to in section 501 of this title, in determining necessity.

  (e) Future planning. In the interests of orderly and effective future planning, the Agency may acquire land and rights in land to be used for highway purposes within the reasonably foreseeable future, including future construction of four-lane highways on routes presently designed for construction of two lanes, and the construction of interchanges, bridges, and all other improvements to existing highways or highways presently scheduled for construction. In the case of the laying out of highways on a new location, “reasonably foreseeable future” means projects on which construction is to be commenced in a period not exceeding 15 years from the date of acquisition. In the event the Agency determines that the land is no longer necessary for use as a highway, it shall immediately sell the property at public sale to private persons, giving consideration to the adjoining landowners. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 20; 2011, No. 126 (Adj. Sess.), § 2; 2019, No. 59, § 23; 2021, No. 20, § 91.)

• § 503. Precondemnation necessity determination; survey and appraisal; offer of just compensation; notice of rights; negotiation; stipulation

  (a) Necessity determination; appraisal.

  (1) After conducting the hearing required under section 502 of this chapter and considering the objections, suggestions, and recommendations received from the public, if the Agency finds the taking of property to be necessary for the purpose of laying out, relocating, altering, constructing, reconstructing, maintaining, repairing, widening, grading, or improving a State highway, it shall cause the property proposed to be acquired or affected to be surveyed and shall make a written determination of necessity consistent with subdivision 501(1) of this chapter. Prior to initiating negotiations under this section, the Agency shall cause property proposed to be taken to be appraised unless:

  (A) the property owner offers to donate the property after being fully informed by the Agency of the right to receive just compensation for damages and releasing the Agency from any obligation to conduct an appraisal; or

  (B) the Agency determines that an appraisal is unnecessary because the valuation question is uncomplicated and the Agency estimates the property to have a low fair market value, in accordance with 49 C.F.R. § 24.102.

  (2) The Agency shall prepare a waiver valuation if an appraisal is not conducted, pursuant to subdivision (1)(B) of this subsection (a).

  (3) The property owner or his or her designee shall be given an opportunity to accompany the appraiser during the appraiser’s inspection of the property.

  (b) Offer of just compensation. Prior to the initiation of negotiations, the Agency shall prepare a written offer of just compensation, which shall include a statement of the basis for the offer and a legal description of the property proposed to be acquired.

  (c) Negotiation. Prior to instituting condemnation proceedings under section 504 of this chapter, the Agency shall make every reasonable effort to acquire property expeditiously by negotiation and shall comply with subsection (d) of this section.

  (d) Notice and other documents. The Agency shall hand-deliver or send by mail to owners of property to be acquired a notice of procedures and rights and the offer of just compensation. The notice of procedures and rights shall include an explanation of the proposed State highway project and its purpose, and statements that:

  (1) The Agency is seeking to acquire the property described in the offer of just compensation for the project.

  (2) Agency representatives are available to discuss the offer of just compensation.

  (3) The Agency does not represent the property owner, and he or she may benefit from the advice of an attorney.

  (4) If the Agency and the property owner are unable to reach agreement on the Agency’s legal right to take the property, the Agency may file a complaint in Superior Court to determine this issue. The property owner has the right to challenge the taking by contesting the necessity of the taking, the public purpose of the project, or both, but must contest these issues by filing an answer to the complaint with the court. If the owner does not file a timely answer, the court may enter a default judgment in favor of the Agency.

  (5) The property owner may enter into an agreement with the Agency stipulating to the Agency’s legal right to take his or her property without waiving the owner’s right to contest the amount of the Agency’s offer of compensation.

  (6) If the Agency and the property owner agree that a taking is lawful, or if a court issues a judgment authorizing the Agency to take the owner’s property, title to the property will transfer to the Agency only after the Agency files documentation of the agreement or judgment with the town clerk, pays or tenders payment to the owner, and sends or delivers to the owner a notice of taking.

  (7) To contest the amount of compensation received, the owner must file an action with the Transportation Board or in Superior Court within 90 days of the notice of taking, except that the issue of compensation (damages) must be decided by the Superior Court if the owner’s demand exceeds the Agency’s offer of just compensation by more than $25,000.00. The owner or the Agency may appeal a decision of the Board to the Superior Court, and may appeal a decision of the Superior Court to the Supreme Court. Either party is entitled to demand a trial by jury in Superior Court on the issue of damages.

  (8) A copy of an appraisal or an estimated valuation (waiver valuation) shall be furnished by the Agency at the owner’s request.

  (9) Summarize the property owner’s right to relocation assistance, if applicable.

  (e) Agreement on taking, damages.

  (1) An interested person may enter into an agreement with the Agency stipulating to the necessity of the taking and the public purpose of the project, to damages, or to any of these. The agreement shall include:

  (A) a statement that the person executing the agreement has examined a survey or appraisal of the property to be taken;

  (B) an explanation of the legal and property rights affected;

  (C) a statement that the person has received the documents specified in subsection (d) of this section; and

  (D) if the agreement concerns only the issues of necessity or public purpose, a statement that the right of the person to object to the amount of compensation offered is not affected by the agreement.

  (2) If an interested person executes an agreement stipulating to the necessity of the taking and the public purpose of the project in accordance with subdivision (1) of this subsection, the Agency shall prepare, within 10 business days of entering into the agreement, a notice of condemnation and shall file it in accordance with section 506 of this chapter. The notice of condemnation shall include a legal description of the property to be taken. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2011, No. 126 (Adj. Sess.), § 2; 2019, No. 59, § 21.)

• § 504. Complaint; service; answer

  (a) Verified complaint. If a property owner has not entered into an agreement stipulating to the necessity of a taking and the public purpose of a highway project, and the Agency wishes to proceed with the taking, the Agency shall file a verified complaint in the Civil Division of the Superior Court in a county where the project is located seeking a judgment of condemnation. The complaint shall name as defendants each property owner who has not stipulated to a proposed taking, and shall include:

  (1) Statements that the Agency has complied with subsection 503(d) of this chapter.

  (2) The Agency’s written determination of necessity.

  (3) A general description of the negotiations undertaken.

  (4) A survey of the proposed project, and legal descriptions of the property and of the interests in the property proposed to be taken. As used in this subdivision, “survey” means a plan, profile, or cross section of the proposed project. The survey and legal descriptions served upon the property owner only need to include the particular property or properties at issue.

  (b) Service and notice.

  (1) Except as otherwise provided in this section, the Agency shall serve the complaint and summons in accordance with the Vermont Rules of Civil Procedure and section 519 of this chapter.

  (2) The Agency shall publish a notice of the complaint, the substance of the summons, and a description of the project and of the lands to be taken in a newspaper of general circulation in the municipalities where the project is located, once a week on the same day of the week for three consecutive weeks. The Agency shall mail a copy of the newspaper notice to the last known address of an interested person not otherwise served, if any address is known. Upon affidavit by the Secretary that diligent inquiry has been made to find all interested persons and, if applicable, that service on a known interested person cannot with due diligence be made in or outside the State by another method prescribed in Rule 4 of the Vermont Rules of Civil Procedure, the newspaper publication shall be deemed sufficient service on all unknown interested persons and all known interested persons who cannot otherwise be served. Service by newspaper publication is complete the day after the third publication.

  (3) Unless otherwise served under subdivision (1) of this subsection, the Agency shall mail a copy of the complaint to the clerk, legislative body, and board of listers of each municipality in which land is proposed to be taken. The clerk with responsibility over the land records shall record the copy of the complaint (including the survey), and shall enter the names of the property owners named in the complaint in the general index of transactions affecting the title to real estate.

  (c) Necessity, public purpose; default. If an interested person does not file a timely answer denying the necessity of a taking or the public purpose of the project, the court may enter a judgment of condemnation by default. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 21; 2011, No. 126 (Adj. Sess.), § 2; 2019, No. 59, § 22; 2021, No. 20, § 92.)

• § 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.)

• § 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.)

• § 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.)

• §§ 508-510. Repealed. 2011, No. 126 (Adj. Sess.), § 2.

• § 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.)

• § 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.)

• § 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.)

• § 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.)

• § 515. Repealed. 1999, No. 156 (Adj. Sess.), § 21(1), eff. May 29, 2000.

• § 515a. Repealed. 2011, No. 126 (Adj. Sess.), § 2.

• § 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.)

• § 517. Repealed. 2011, No. 126 (Adj. Sess.), § 2.

• § 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.)

• § 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.)

• § 520. Repealed. 2009, No. 3 (Sp. Sess.), § 5, eff. June 1, 2009.