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.
(Cite as: 24 V.S.A. § 3303)
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§ 3303. Compensation; condemnation
The municipal corporation may agree with the owner or owners of any property, franchise,
easement, or right that may be required by the municipal corporation for the purposes
of this chapter, as to the compensation to be paid. In case of failure to agree as
to the compensation, or in case the owner is an infant, a person who lacks capacity
to protect his or her interests due to a mental condition or psychiatric disability,
absent from the State, unknown, or the owner of a contingent interest, the Superior
Court within and for the county where the subject property is situated on the petition
of either party, may cause the notice to be given of the petition as the presiding
judge of the court may prescribe. After proof thereof, the presiding judge may appoint
three disinterested persons as commissioners to examine the property to be taken or
damaged by the municipal corporation. The commissioners after being duly sworn, upon
due notice to all parties in interest, shall view the premises, hear the parties in
respect to the property, and shall assess and award to the owners and persons so interested
just damages for any injury sustained and make report in writing to the presiding
judge. The presiding judge may accept the report, unless just cause is shown to the
contrary. The presiding judge may order the municipal corporation to pay the same
in the time and manner as he or she may prescribe, in full compensation for the property
taken, or the injury done by the municipal corporation, or the presiding judge may
reject or recommit the report if the ends of justice so require. On compliance with
the order, the municipal corporation may proceed with the construction of its work
without liability for further claim for damages. The presiding judge may award costs
in the proceeding in his or her discretion. The cause may be transferred to the Supreme
Court as provided in 12 V.S.A. § 4601. (Amended 2013, No. 96 (Adj. Sess.), § 154; 2019, No. 131 (Adj. Sess.), § 257.)