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. § 3611)
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§ 3611. Compensation; condemnation
(a) When an owner of land or rights in land and the board are unable to agree on the amount
of compensation or in case the owner is an infant, a person who lacks capacity to
protect the person’s interests due to a mental condition or psychiatric disability,
absent from the State, unknown, or the owner of a contingent or uncertain interest,
a Superior judge may, on the application of either party, cause the notice to be given
of the application as the judge may prescribe, and after proof of the application,
the judge may appoint three disinterested persons to examine the property to be taken
or damaged by the municipal corporation.
(b) After being duly sworn, the commissioners shall, upon due notice to all parties in
interest, 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 judge.
(c) In determining damages resulting from the taking or use of property under the provisions
of this chapter, the added value, if any, to the remaining property or right in property
that inures directly to the owner as a result of the taking or use as distinguished
from the general public benefit shall be considered.
(d) The judge may accept the report, unless just cause is shown to the contrary, and order
the municipal corporation to pay the same in the time and manner as the judge may
prescribe, in full compensation for the property taken, or the injury done by the
municipal corporation, or the 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. In the judge’s discretion, the judge may award costs in the proceeding. Appeals
from the order may be taken to the Supreme Court under 12 V.S.A. chapter 102. (Amended 1963, No. 214, § 7; 2013, No. 96 (Adj. Sess.), § 155; renumbered from 24 V.S.A. § 3609 by 2023, No. 143 (Adj. Sess.), § 13, eff. July 1, 2024.)