The Vermont Statutes Online

Title 24: Municipal and County Government

Chapter 077: Construction; Condemnation

• § 2801. Aqueducts

  (a) The selectboard of a town may procure the right to lay and maintain aqueducts and pipes across the land of any person when the public good and necessity require a new or additional supply of water for use in a town hall or watering trough on a public highway.

  (b) When the selectboard is unable to agree with the owner of such land as to the necessity for taking or the compensation to be paid therefor, it shall proceed to secure such right, and have the question of the necessity for taking and the damages sustained thereby determined as provided for taking land for a townhouse. The title to the land so secured shall be valid and vest in the town for the purposes herein named.

  (c) The title to the land so secured shall be valid and vest in the town for the purposes herein named.

• § 2802. Definitions

  The words “building” or “municipal building” as used in this chapter include wharves and docks and the lands surrounding or appurtenant thereto necessary for a highway or for parking or other public purposes connected therewith. (Added 1967, No. 313 (Adj. Sess.), § 4, eff. March 22, 1968.)

• § 2803. Building committee; vote of town or district

  A municipality may vote to place the construction of a building to be erected for public purposes under the general supervision and control of a building committee.

• § 2804. Reserve funds; use

  (a) At an annual or special meeting duly warned, a municipality may establish a reserve fund to be under the control and direction of the legislative branch of the municipality. The reserve fund shall be kept in a separate account and invested as are other public funds and may be expended for such purposes for which established, or when authorized by a majority of the voters present and voting at an annual or special meeting duly warned, for other purposes.

  (b) If a reserve fund is established under subsection (a) of this section to pay a school district’s future school capital construction costs approved under 16 V.S.A. chapter 123, any funds raised by the district as part of its education spending to pay for those future costs shall be considered “approved school capital construction spending” in calculating excess spending under 32 V.S.A. § 5401(12). Districts shall submit to the Agency of Education annually a report of deposits into and expenditures from a school capital construction reserve fund. If the Agency of Education determines that any amount in the reserve fund has not been used for approved school capital construction within five years after deposit into the fund, then 150 percent of that amount shall be added to the district’s education spending in the then-current year for purposes of calculating the excess spending penalty. The definitions in 16 V.S.A. chapter 133 shall apply to this subsection. (Amended 1997, No. 71 (Adj. Sess.), § 103, eff. March 11, 1998; 2005, No. 38, § 23; 2013, No. 92 (Adj. Sess.), § 271, eff. Feb. 14, 2014.)

• § 2805. Municipal buildings; condemnation; procedure

  (a) When the location of a municipal building is determined and lands and grounds are needed or when a municipality votes to purchase additional lands or when, in the exercise of any of the powers or functions authorized by its charter or bylaws, it becomes necessary for public use and benefit to take, damage, or affect lands, and the owner refuses to release or convey the same to such municipality for a reasonable price, the mayor and aldermen of such city, the selectboard of such town, or the trustees of such village or the prudential committee of such fire district shall set out the necessary lands and cause the same to be surveyed.

  (b) They shall appoint a time and place for hearing and give at least ten days’ notice thereof before such hearing to the persons interested, either personally or by written notice left at the residence of the owner or occupant of such lands.

  (c) At such hearing they shall determine the damages sustained by such interested persons. The damages agreed upon or assessed shall be paid or tendered to such persons before taking possession of the lands.

  (d) Nothing in this section shall be construed to authorize the taking, by condemnation proceedings, of property of any religious, charitable, or educational society, institution, or organization, unless held, owned, or used by it for commercial purposes, without the written consent of the trustees or governing body of such society, institution, or organization, unless two-thirds of the voters at an annual or special meeting duly warned for that purpose vote contrariwise.

• § 2806. Condemned land; notice to mortgagee; application of payment

  When such lands are encumbered by mortgage, such municipality shall cause the same notice to be given to the mortgagee or assignee thereof as is required to be given to the owner, and the damages agreed upon or otherwise determined, as finally ascertained, shall be paid to the mortgagee or assignee. However, if the sum due on the mortgage is less than the damages awarded, the amount due on the mortgage shall be paid to the holder and the balance to the owner. (Amended 2017, No. 74, § 103.)

• § 2807. Procedure for taking land

  When the mayor and aldermen, selectboard, or trustees decide to take lands, in their order for that purpose, they shall fix a time and notify the owner or occupant thereof. Within such time he or she shall remove his or her buildings, fences, timber, wood, or trees, which, in the case of enclosed or improved lands, shall not, without the consent of the owner, be less than three months nor until compensation for damages to such lands is tendered or paid. If such obstructions are not removed within such time, the mayor and aldermen, selectboard, or trustees shall remove them at the expense of the town or village. (Amended 2017, No. 74, § 104.)

• § 2808. Condemnation; record of orders and proceedings

  Orders and proceedings of the mayor and aldermen, selectboard, and trustees, under the provisions of sections 2805-2807 of this title, with the survey of the lands taken, shall be recorded in the office of the clerk of the city, town, or village in which the land lies. (Amended 2017, No. 74, § 105.)

• § 2809. Disagreement as to damages; reference

  When the owner of such land does not accept the damages awarded by the mayor and aldermen, selectboard, or trustees, as the case may be, they may agree with him or her to refer the question of such damages to one or more disinterested persons, whose award shall be made in writing and shall be final.

• § 2810. Petition; appointment of commissioners

  (a) When a person having an interest in such land is dissatisfied with the action of the mayor and aldermen, selectboard, or trustees in locating and setting it out or with the damages awarded therefor by them, he or she may apply by petition to the Superior Court for the county wherein such land lies within 60 days of the recording of the order of the mayor and aldermen, selectboard, or trustees, and any number of persons aggrieved may join in the petition.

  (b) The petition with a citation shall be served on the clerk of the city, town, or village as a writ of summons requiring entry to be made therein within 21 days from the date of service.

  (c) The court shall appoint three disinterested commissioners, who shall inquire into the necessity for locating and setting out such land and as to the amount of damages sustained by the persons interested therein. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

• § 2811. Commissioners’ notice, hearing, and report; Superior Court order

  (a) The commissioners shall give to such clerk and to the petitioners six days’ notice of the time and place of hearing. When they have completed their inquiries, they shall report to the court.

  (b) Upon hearing, the court may accept or reject the report, in whole or in part, may make such orders as are necessary for locating and setting out such land and for the removal of obstructions thereon, may render judgment for the petitioners for such damages as they have severally sustained, may tax costs for either party, and may award execution in the premises. (Amended 2017, No. 74, § 106.)

• § 2812. Title to vest on payment of damages

  When the damages finally awarded are paid to the person entitled thereto, title to such lands or the right to damage or affect lands shall vest in such city, town, or village for such purposes.

• § 2813. Armories; appropriation

  A municipality may appropriate sums of money towards the purchase or construction of an armory for use of the National Guard.