The Vermont Statutes Online
The Vermont Statutes Online have been updated to include the actions of the 2023 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Title 5 : Aeronautics and Surface Transportation Generally
Chapter 068 : Construction and Operation of the Road
Subchapter 001 : Location, Condemnation, and Construction
(Cite as: 5 V.S.A. § 3535)-
§ 3535. Right of action on nonpayment of damages
When a railroad corporation has entered upon and used land and real estate for the construction and accommodation of its railroad and has, by its engineers, agents, or servants, entered upon land contiguous to the railroad or the works connected to the railroad and taken materials to use in the construction of its road, and has not paid the owner for those materials nor, within two years from entry, had the damages appraised by commissioners and an award made and delivered, a person claiming damages, within six years after the entry, may bring an action for damages before a Superior Court. An answer justifying the entry under the act incorporating the company shall not bar the action, but the plaintiff shall recover only actual damages. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 57; 2021, No. 105 (Adj. Sess.), § 29, eff. July 1, 2022.)
