The Vermont Statutes Online
The Statutes below include the actions of the 2025 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.
Subchapter
013
:
CONDEMNATION; SOLID WASTE MANAGEMENT DISTRICTS
(Cite as: 24 V.S.A. § 2299b)
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§ 2299b. Definitions
As used in this subchapter,
(1) “Necessity” means a reasonable need which considers the greatest public good and the
least inconvenience and expense to the condemning party and to the property owner.
Necessity shall not be measured merely by expense or convenience to the condemning
party. Due consideration shall be given to the adequacy of other property and locations
and to the quantity, kind, and extent of cultivated and agricultural land which may
be taken or rendered unfit for use by the proposed taking. In this matter, the court
shall view the problem from both a long-range agricultural land use viewpoint as well
as from the immediate taking of agricultural lands which may be involved. The court
shall also consider and give effect to the policy of protecting earth resources, as
set forth in 10 V.S.A. § 6086. Consideration also shall be given to the effect upon home and homestead rights
and the convenience of the owner of the land, to the effect of the facility upon scenic
and recreational values, and to the effect upon town grand lists and revenues.
(2) Damages resulting from the taking or use of property under the provisions of this
subchapter shall be the value for the most reasonable use of the property or right
in the property, and of the business on the property, and the direct and proximate
decrease in the value of the remaining property or right in the property and the business
on the property. The added value, if any, to the remaining property or right in the
property, which accrues directly to the owner of the property as a result of the taking
or use, as distinguished from the general public benefit, shall be considered in the
determination of damages.
(3) “Interested person” or “person interested in lands” means a person who has a legal
interest of record in the property affected.
(4) “Legislative body” means the board of supervisors, board of commissioners, or other
governing board of a solid waste management district. (Added 1991, No. 109, § 1, eff. June 28, 1991.)