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
005
:
WATER SYSTEM
(Cite as: 24 App. V.S.A. ch. 15, § 65)
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§ 65. Damages; procedure for determining
If in any case the damages caused by taking the water or by taking the land, or any
right, title, or interest therein, or for entering upon and using any land as aforesaid,
are not adjusted by agreement of the parties affected thereby, or if the owner disputes
the necessity for such taking, the City Council shall proceed in the same manner as
is provided by law for selectboards in taking lands for highway purposes and in awarding
damages therefor. If any interested person or corporation is dissatisfied with the
decision as to the necessity for or the extent of such taking or with the award of
damages, it may apply by petition to the Addison County Court setting forth the particulars
wherein said petitioner claims to be aggrieved, and any number of persons may join
therein. Said petition, with a citation, shall be served on the Clerk of said City
within 30 days from the filing of the award and description of the property taken
and at least 12 days before the term of the Court to which the petition is returnable;
the Court shall thereupon appoint three disinterested persons as commissioners, who
shall inquire into the intent and necessity of such taking and as to the damages sustained
by the petitioners. Said commissioners shall give at least six days’ notice of the
time and place of hearing to the petitioners and to the Clerk of the City of Vergennes;
they shall report their findings to the Court, and, upon hearing, said Court may accept
or reject said report, in whole or in part; make such orders in the premises as justice
requires; render judgment for the petitioners respectively; take costs for either
party; and award execution. In case final judgment is rendered for the City, or if
no appeal from the decision of the commissioners is taken, the City may immediately
tender the amount awarded as damages and costs and thereupon enter upon and occupy
the premises so taken.