§ 1461. Location or alteration of municipal lines; monuments
(a) When the legislative bodies of adjoining municipalities are able to agree as to the
location of a municipal line, each legislative body shall vote in meetings duly warned
for the purpose to adopt the location. Prior to the vote, each legislative body shall
hold at least one public hearing duly warned for the purpose of informing the public
of, and allowing public comment on, the location of the line. Following the meetings,
the legislative bodies shall conduct a, or ratify an existing, survey of the municipal
line and file certified copies of the minutes of the meetings, and the survey, and
a list of property owners, the legal location of whose property is changed by the
agreement, with the Secretary of State, the clerk of each of the municipalities, and
the Vermont Enhanced 911 Board.
(b) When the legislative bodies of adjoining municipalities are unable to agree as to
the location of a municipal line, or in the absence of a clearly definable charter
line, the legislative bodies shall sign a written agreement to submit to arbitration
pursuant to 12 V.S.A. chapter 192.
(1) If an award of arbitration does not alter a municipal line, the award shall be filed
with the Secretary of State and the clerk of each of the municipalities.
(2) If an award of arbitration would result in an alteration of a municipal line, the
award shall require that a survey be conducted of the municipal line and apportion
the cost of the survey between or among the respective municipalities as deemed appropriate.
Following the survey, one or more of the legislative bodies shall petition the General
Assembly to adopt the alteration of the municipal line pursuant to the survey. Following
enactment of legislation which alters a municipal line, the legislative bodies shall
file the survey and a list of property owners, the legal location of whose property
is changed by the award, with the Secretary of State, the clerk of each of the municipalities,
and the Vermont Enhanced 911 Board. Each legislative body of the adjoining municipalities
shall post a notice of the petition to the General Assembly that specifies the nature
and extent of the proposed legislation in at least two public places and in the town
clerk’s office at least three weeks prior to filing the petition.
(c) When the legislative bodies of adjoining municipalities are able to agree as to the
location of a municipal line and one or more of the legislative bodies believes that
alteration of the existing line or the establishment of a new line is necessary, the
legislative bodies shall conduct a survey of the new municipal line. Following the
completion of the survey, one or more of these legislative bodies shall petition the
General Assembly to establish the location of the municipal line. Following the enactment
of legislation which ratifies the alteration of the municipal line, the legislative
bodies shall file the survey and a list of property owners, the legal location of
whose property is changed by the legislation, with the Secretary of State, the clerk
of each of the municipalities, and the Vermont Enhanced 911 Board. Each legislative
body of the adjoining municipalities shall post a notice of the petition to the General
Assembly that specifies the nature and extent of the proposed legislation in at least
two public places and in the town clerk’s office at least three weeks prior to filing
the petition.
(d) When the General Assembly enacts legislation which ratifies a survey of a municipal
line, it may appropriate funds sufficient to monument those municipal lines at the
points on the municipal lines where the lines change direction. If the legislative
body of a municipality desires additional monuments, it shall provide funds for those
monuments at the expense of the municipality.
(e) A survey required by this section shall be conducted by a land surveyor licensed in
this State.
(f) The Secretary of State, in consultation with the Agency of Transportation, shall develop
a process for requesting proposals for surveying for use by municipalities.
(g) Upon receipt of a list of property owners filed pursuant to subsection (a), (b), or
(c) of this section, a municipal clerk shall file the list in the land records of
the municipality and shall place in the grantee index of those records the names of
property owners whose land or portion thereof has been added to the municipality and
in the grantor index of those records the names of property owners whose land or portion
thereof has been subtracted from the municipality. (Amended 1967, No. 241 (Adj. Sess.), § 2, eff. Feb. 13, 1968; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2005, No. 102 (Adj. Sess.), § 1.)