The Vermont Statutes Online

Title 20 : Internal Security and Public Safety

Chapter 001 : Emergency Management

• § 11. Additional emergency powers

  In the event of an all-hazards event, the Governor may exercise any or all of the following additional powers:

  (1) To authorize any department or agency of the State to lease or lend, on such terms and conditions and for a period related to the declaration of emergency to promote the public welfare and protect the interests of the State, any real or personal property of the State government.

  (2) To enter into a contract on behalf of the State for the lease or loan, on such terms and conditions and for such period as the Governor deems necessary to promote the public welfare and protect the interests of the State, of any real or personal property of the State government, or the temporary transfer or employment of personnel thereof to any town or city of the State. The chief executive, the chair or president of the legislative branch, or the emergency management director of the town or city is authorized for and in the name of the town or city to enter into the contract with the Governor for the leasing or lending of the property and personnel, and the chief executive, the chair or president of the legislative branch, or the emergency management director of the town or city may equip, maintain, utilize, and operate such property except news outlets, radio stations, places of worship and assembly, and other facilities for the exercise of constitutional freedom, and employ necessary personnel in accordance with the purposes for which such contract is executed.

  (3) To seize, take, or condemn property for the protection of the public or at the request of the President, or his or her authorized representatives including:

  (A) All means of transportation;

  (B) All stocks of fuel of whatever nature;

  (C) Food, clothing, equipment, materials, medicines, and all supplies;

  (D) Facilities, including buildings and plants; provided that neither this nor any other authority in this chapter shall be deemed to authorize the eviction of a householder and his or her family from their own home.

  (4) To sell, lend, give, or distribute all or any such property among the inhabitants of the State and to account to the State Treasurer for any funds received for such property.

  (5) To make compensation for the property seized, taken, or condemned on the following basis:

  (A) Whenever the Governor deems it advisable for the State to take property for temporary use or to take property permanently, the Governor, at the time of the taking, shall fix the amount of compensation to be paid for the property. In case the property is taken for temporary use and returned to the owner in a damaged condition the Governor shall fix the amount of compensation to be paid for the damage.

  (B) Whenever the Governor deems it advisable for the State to temporarily or permanently take title to property taken under this section, the Governor shall notify the owner of the property of the taking in writing by registered mail or in person, and shall file a copy of the notice with the Secretary of State.

  (C) Any owner of property of which possession has been either temporarily or permanently taken under the provisions of this chapter to whom no award has been made or who is dissatisfied with the amount awarded by the Governor may file a petition in the Superior Court within the county wherein the property was situated at the time of taking to have the amount to which the owner is entitled by way of damages or compensation determined, and either the petitioner or the State shall have the right to have the amount of such damages or compensation fixed after hearing by three disinterested appraisers appointed by the court, and who shall operate under substantive and administrative procedure to be established by the Superior judges. If the owner of the property is dissatisfied with the award of the appraisers, the owner may appeal the award to the Superior Court and thereafter have a trial by jury to determine the amount of the damages or compensation. The court costs of a proceeding brought under this section by the owner of the property shall be paid by the State, and the fees and expenses of any attorney for the owner shall also be paid by the State after allowances by the court in which the petition is brought in an amount determined by the court. The statute of limitations shall not apply to proceedings brought by owners of property under this section for and during the time that any court having jurisdiction over the proceedings is prevented from holding its usual and stated sessions due to conditions resulting from emergencies described in this chapter.

  (6) To perform and exercise other functions, powers, and duties as necessary to promote and secure the safety and protection of the civilian population. (Amended 1959, No. 23, § 3, eff. March 6, 1959; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1985, No. 4, eff. March 9, 1985; 2005, No. 209 (Adj. Sess.), § 12; 2021, No. 20, § 117; 2023, No. 143 (Adj. Sess.), § 28, eff. July 1, 2024.)