Vermont § 3611 - Compensation; condemnation

§ 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.)