Vermont § 717 - Evidence of highway completion or discontinuance

§ 717. Evidence of highway completion or discontinuance

• (a) The lack of a certificate of completion of a highway shall not alone constitute conclusive
  evidence that a highway is not public. (b) A town or county highway that has not been kept passable for use by the general public
  for motorized travel at the expense of the municipality for a period of 30 or more
  consecutive years following a final determination to discontinue the highway shall
  be presumed to have been effectively discontinued. This presumption of discontinuance
  may be rebutted by evidence that manifests a clear intent by the municipality or county
  and the public to consider or use the way as a highway. The presumption of discontinuance
  shall not be rebutted by evidence that shows isolated acts of maintenance, unless
  other evidence exists that shows a clear intent by the municipality or county to consider
  or use the highway as if it were a public right-of-way. (c) A person whose sole means of access to a parcel of land or portion thereof owned by
  that person is by way of a town highway or unidentified corridor that is subsequently
  discontinued shall retain a private right-of-way over the former town highway or unidentified
  corridor for any necessary access to the parcel of land or portion thereof and maintenance
  of his or her right-of-way. (Added 1999, No. 156 (Adj. Sess.), § 25, eff. May 29, 2000; amended 2005, No. 178 (Adj. Sess.), § 4.)