The Vermont Statutes Online
The Statutes below include the actions of the 2024 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 24 : Municipal and County Government
Chapter 061 : Regulatory Provisions; Police Power of Municipalities
Subchapter 013 : CONDEMNATION; SOLID WASTE MANAGEMENT DISTRICTS
(Cite as: 24 V.S.A. § 2299e)-
§ 2299e. Finding of necessity; appeal
(a) At the time and place appointed for the hearing, the court shall hear all persons interested and wishing to be heard. If any person owning or having an interest in the property to be taken or affected objects to the necessity of the proposed taking, the court shall require the petitioner to proceed with the introduction of evidence as to the necessity of the taking. The burden of proof shall be upon the petitioner to establish necessity by a fair preponderance of the evidence. No presumptions shall attend the petitioner’s determination of necessity.
(b) The court by its order may determine whether necessity requires the taking of the land and rights as set forth in the petition. The court shall make findings of fact and file them and any party may appeal the court’s order regarding necessity to the Supreme Court. (Added 1991, No. 109, § 1, June 28, 1991.)
