The Vermont Statutes Online

Title 19: Highways

Chapter 019: Highways Relocated in Connection with Federal Projects

• § 1901. Purpose

  It is the purpose of this chapter to facilitate cooperation by the State and by the towns with the federal government in the acquisition of certain highway rights and facilities needed by the federal government for authorized projects or purposes, in those cases where the federal government provides the replacement for those rights and facilities at its expense. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 1902. Acceptance of highways; authority

  The selectboard, for town highways, and the Agency, for State highways, may accept from the United States of America or any agency of the United States and open for public travel any relocated or reconstructed section of those highways provided by the United States as replacement for sections of those highways acquired or to be acquired by the United States for an authorized federal project or purpose. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 1903. Relinquishment of control

  (a) The Agency may relinquish to the town in which it is located any portion of the State highway system located on land acquired or to be acquired by the United States or any agency of the United States as contemplated by section 1901 of this title.

  (b) When the entire section of an existing State highway, which is replaced or to be replaced as contemplated by section 1901 of this title, is not in fact ultimately acquired by the United States, and so much of the section as is not so acquired is, in the judgment of the Board, no longer needed as a part of the State highway system, the Board may relinquish control of that portion to the town in which that portion is located. However, for the provisions of this chapter, the Dwight D. Eisenhower National System of Interstate and Defense Highways shall not be considered as a replacement for existing State highways. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 20; 2021, No. 105 (Adj. Sess.), § 367, eff. July 1, 2022.)

• § 1904. Certificate to be filed

  In relinquishments under section 1903 of this title, the Secretary shall file the Agency’s certificate of relinquishment with the clerk of the town in which the relinquished highway is located, and the relinquishment shall be effective on the date of the filing unless otherwise set aside or modified under section 1905 of this title. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 21.)

• § 1905. Appeals

  A town in which a relinquishment under section 1902 of this title is to be effected, which is dissatisfied with the determination of the Agency, may appeal that determination to the Board within 30 days from the date on which the Secretary files the Agency’s certificate under section 1904 of this title. The Board, after hearing the appeal, shall make findings of fact and issue its order and may by the order affirm the determination of the Agency, set the determination aside, or establish reasonable conditions under which the Agency, if it still desires to do so in the case, may relinquish control to the town concerned. Any party may appeal the Board’s decision to the Superior Court. However, there shall be no appeal to a relinquishment under subsection 1903(a) of this title. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 21.)