The Vermont Statutes Online

Title 5 : Aeronautics and Surface Transportation Generally

Chapter 015 : Airports and Air Navigation Facilities

Subchapter 002 : CONDEMNATION PROCEEDINGS FOR AIRPORTS

• § 655. Property devoted to public use

  Property or a right in property that is devoted to a public use may be taken under this subchapter if it is alleged in the petition and found by the court in the proceedings that the public interest will be better served by the use of the property or right for the airport, landing field, or air navigation facility for which it is sought to be taken than by the continuance of the public use to which it is already devoted. However, no property in which the federal government or a department or agency of the federal government has an interest or for the development or use of which the federal government or a department or agency has expended or contributed monies under any legislative contract or arrangements where an obligation exists to refund or replace the monies so expended or contributed shall be taken under this subchapter, unless the taking is specifically approved in writing by the President of the United States or the principal officer of the appropriate department or agency of the federal government and by the Governor of this State. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2021, No. 105 (Adj. Sess.), § 19, eff. July 1, 2022.)