Vermont § 111a - Preexisting utility lines

§ 111a. Preexisting utility lines

• (a) When a corporation seeks to condemn property or an easement or other right over property
  where a currently existing utility line capable of operating at 100 kilovolts or less
  has not been abandoned and was in place on July 1, 1993, there is a rebuttable presumption
  that the condemnation of the property right authorizing the existing utility line
  or lines is necessary in order that the petitioner may render service to the public,
  provided that the property right is limited to that which is required to allow the
  operation, maintenance, and repair of the existing line or lines, and does not: (1) significantly alter the capabilities or capacity of the line or lines; (2) materially alter the degree of land use associated with the presence of the line or
  lines; and (3) authorize the company to perform replacements or upgrades that would have a significant
  impact under the criteria set forth in section 248 of this title. (b) When a corporation seeks to condemn property or establish an easement or other right
  over property where a utility line, that has not been abandoned, was in place on July
  1, 1993, the corporation shall present a petition to the Public Utility Commission
  and to the Department of Public Service describing the property or right, and why
  the action is necessary. The property or right shall be limited to that which is required
  to allow the operation, maintenance, and repair of the existing line or lines, subject
  to the limitations set forth in subsection (a) of this section. The Commission shall
  issue a citation upon each person whose property or right the petitioner proposes
  to condemn and each municipality and each planning body where the property is located,
  or on absent persons in such manner as the Supreme Court may by rule provide for service
  of process in civil actions, including by publication. (c) Upon the filing of the petition with the Commission and Department, any pending actions
  and proceedings against the petitioner affecting its right to use and enjoy the subject
  property are stayed for the pendency of the condemnation proceeding before the Commission,
  and the petitioner may enter upon the property to be condemned for the purposes of
  examination and obtaining necessary information in order to proceed with the taking
  and to conduct the minimum amount of maintenance and repairs necessary to provide
  service. (d) The Commission shall fix the time and the place for hearing. (e) If the utility line for which the corporation seeks to acquire easements through condemnation
  under this section crosses more than one property, the corporation may petition the
  Commission to hold a single hearing to determine necessity for all persons subject
  to condemnation under subsection (b) of this section. (f) A person owning or having an interest in lands or rights to be taken may stipulate
  as to the necessity of the taking. The stipulation shall be filed with the Commission.
  The Commission shall issue an order on necessity within 45 days upon receiving the
  stipulation. (g) A stipulation under subsection (f) of this section shall be accompanied by an affidavit
  sworn to before a person authorized to take acknowledgments. The stipulation shall
  include the following: (1) a recital that the person or persons executing the stipulation have examined the proposed
  easement, which includes a description of the property or rights to be taken; and (2) an explanation of the legal and property rights affected. (h) If a hearing is required, the Commission shall hear all persons whose property or
  right is the subject of the condemnation petition and who wish to be heard at the
  time and place appointed for the hearing. The Commission shall make findings of fact
  and, by its order, determine whether necessity requires the taking of the land and
  rights as set forth in the petition. (i) Following a determination of necessity pursuant to subsection (f) or (h) of this section,
  the Commission shall expeditiously appoint a time and place for examining the premises
  and provide an opportunity for a hearing on the issue of compensation, giving at least
  10 days’ notice in writing to the persons that are subject to the condemnation petition. (j) There shall be rebuttable presumptions that compensation for the taking or use of
  property rights under the provision of this section shall be the diminution of value
  caused by the existence of such utility lines across the property at the time the
  petition was filed with the Commission and that, where a property owner acquired the
  property with the utility line already in place, the diminution in value was reflected
  in the terms of acquiring the property. Upon rebuttal of either of these presumptions
  under the standard set forth in subsection (m) of this section, the Commission shall
  determine compensation pursuant to the criteria established by subdivision 112(3) of this title. (k)(1) When the Commission renders judgment, it shall send by registered mail to each of
  the parties in interest or their attorneys, within 30 days thereafter, a certified
  copy of such judgment. If the judgment is in favor of the petitioner, the Commission,
  in the same manner, shall send to such parties a certified copy of the findings which
  shall include a description of the property or right to be condemned. The petitioner
  shall cause a certified copy of the judgment and findings to be recorded in the clerk’s
  office of the town or towns in which such property is located within 30 days after
  the clerk receives the copies. (2) Upon the payment or deposit of the amounts awarded by the Commission, with interest,
  in accordance with its order, the petitioner shall be the owner of the property or
  right described in the findings. However, when an appeal is taken as provided in section 12 of this title, such ownership shall be an equitable title only with right of possession until the
  judgment of the Supreme Court is complied with. (l) Section 112 of this title does not apply to petitions filed under this section except as provided in subsection
  (j) of this section. An appeal or review relating to an action under this section
  shall be to the Supreme Court pursuant to section 12 of this title. (m) The presumptions arising under subsections (a) and (j) of this section shall operate
  in accordance with the provisions of Vermont Rule of Evidence 301(a). These presumptions
  shall shift only the burden of production, and shall lose their effect as soon as
  any evidence to support a finding of the nonexistence of the presumed fact is introduced. (n) Nothing in this section shall impact any permitting or regulatory requirements that
  may apply to the corporation. (Added 2007, No. 131 (Adj. Sess.), § 4.)