The Vermont Statutes Online

Title 5 : Aeronautics and Surface Transportation Generally

Chapter 017 : Airport Zoning

• § 1019. Condemnation; appeals

  (a) The political subdivision within which the property or nonconforming structure or use is located, or the political subdivision owning the airport or served by it, may acquire such air right, navigation easement, or other estate or interest in the property or nonconforming structure or use in question, as may be necessary, by purchase or grant or condemnation in the manner provided under 5 V.S.A. chapter 5 in any case in which:

  (1) it is desired to remove, lower, or otherwise terminate a nonconforming structure or use;

  (2) the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this chapter; or

  (3) to accomplish the purpose of this chapter, it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations.

  (b) If the adoption of airport zoning regulations in itself constitutes the taking of the property, or of rights in property, of any person, he or she may recover for the taking from the city or town in which the airport to which the regulations relate is situated, by petition filed in the Superior Court within two years from the time when the regulations were recorded, as provided in section 1008 of this title. If the owner of property so taken has applied for a variance within one year after the regulations were recorded, and his or her application is in whole or in part denied, he or she may file a petition for damages within one year after the mailing to him or her of a notice of the denial of his or her application, or within two years after the recording of the regulations, whichever period ends later.

  (c) If any corporation, subject to regulation as a public service corporation pursuant to Title 30 or as a common carrier or railroad pursuant to part 3 or 4 of this title, is aggrieved by the adoption of airport zoning regulations, or by a direction to lower, remove, reconstruct, or equip a structure, or by taking of its property or rights in property, or by refusal to grant a variance permit it may, within 30 days after the adoption, direction, taking, or refusal, appeal to the Transportation Board and, if after notice and a hearing, the Board determines that the public safety, necessity, and convenience will be best served by the amendment or annulment of the regulation, direction, or taking, it may order the regulation, direction, or taking to be amended or annulled or may grant a variance permit as prescribed in sections 1011–1013 of this title. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 113 (Adj. Sess.), § 9; 2023, No. 6, § 21, eff. July 1, 2023.)