Vermont § 502 - Authority; precondemnation hearing

§ 502. Authority; precondemnation hearing

• (a) Authority. The Agency, when in its judgment the interests of the State require, may take any
  property necessary to lay out, relocate, alter, construct, reconstruct, maintain,
  repair, widen, grade, or improve any State highway, including affected portions of
  town highways. In furtherance of these purposes, the Agency may enter upon lands to
  conduct necessary examinations and surveys; however, the Agency shall do this work
  with minimum damage to the land and disturbance to the owners and shall be subject
  to liability for actual damages. All property taken permanently shall be taken in
  fee simple whenever practicable. The Agency’s acquisition of property pursuant to
  this chapter, whether by condemnation or conveyance in lieu of condemnation, shall
  not require subdivision approval under any law, regulation, or municipal ordinance.
  For all State highway projects involving property acquisitions, the Agency shall follow
  the provisions of the Uniform Relocation Assistance and Real Property Acquisition
  Policies Act and its implementing regulations, as may be amended. (b) Limited access highway facilities. The Agency, in the construction and maintenance of limited access highway facilities,
  may also take any land or rights of the landowner in land under 9 V.S.A. chapter 93, subchapter 2, relating to advertising on limited access highways. (c) Public hearing; notice of hearing. (1) A public hearing shall be held for the purpose of receiving suggestions and recommendations
  from the public prior to the Agency’s initiating proceedings under this chapter for
  the acquisition of any property. The hearing shall be conducted by the Agency. (2) The Agency shall prepare an official notice stating the purpose for which the property
  is desired and generally describing the highway project. (3) Not less than 30 days prior to the hearing, the Agency shall: (A) cause the official notice to be printed in a newspaper having general circulation
  in the area affected; (B) mail a copy of the notice to the legislative bodies of the municipalities affected;
  and (C) mail a copy of the notice to all known owners whose property may be taken as a result
  of the proposed improvement. (4) At the hearing, the Agency shall set forth the reasons for the selection of the route
  intended and shall hear and consider all objections, suggestions for changes, and
  recommendations made by any person interested. Following the hearing, the Agency may
  proceed to lay out the highway and survey and acquire the land to be taken or affected
  in accordance with this chapter. (d) Land used for school purposes. The Agency shall not take land or any right in land that is owned by a town or union
  school district and being used for school purposes until the voters of the district
  have voted on the issue of taking at a meeting called for that purpose. A special
  meeting of the town or union school district shall be called promptly upon receiving
  notice of a public hearing unless the annual meeting is to be held within 30 days
  after receiving the notice of public hearing. Due consideration shall be given by
  the court to the result of the vote, in addition to the other factors referred to
  in section 501 of this title, in determining necessity. (e) Future planning. In the interests of orderly and effective future planning, the Agency may acquire
  land and rights in land to be used for highway purposes within the reasonably foreseeable
  future, including future construction of four-lane highways on routes presently designed
  for construction of two lanes, and the construction of interchanges, bridges, and
  all other improvements to existing highways or highways presently scheduled for construction.
  In the case of the laying out of highways on a new location, “reasonably foreseeable
  future” means projects on which construction is to be commenced in a period not exceeding
  15 years from the date of acquisition. In the event the Agency determines that the
  land is no longer necessary for use as a highway, it shall immediately sell the property
  at public sale to private persons, giving consideration to the adjoining landowners. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 20; 2011, No. 126 (Adj. Sess.), § 2; 2019, No. 59, § 23; 2021, No. 20, § 91.)