§ 500. Intent The purpose of this chapter is to ensure that a property owner receives fair treatment and just compensation when the owner’s property is taken for State highway projects, and that condemnation proceedings are conducted expeditiously so that highway projects in the public interest are not unnecessarily delayed. (Added 2011, No. 126 (Adj. […]
§ 501. Definitions As used in this chapter: (1) “Necessity” means a reasonable need that considers the greatest public good and the least inconvenience and expense to the condemning party and to the property owner. Necessity shall not be measured merely by expense or convenience to the condemning party. Necessity includes a reasonable need for […]
§ 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 […]
§ 503. Precondemnation necessity determination; survey and appraisal; offer of just compensation; notice of rights; negotiation; stipulation (a) Necessity determination; appraisal. (1) After conducting the hearing required under section 502 of this chapter and considering the objections, suggestions, and recommendations received from the public, if the Agency finds the taking of property to be necessary […]
§ 504. Complaint; service; answer (a) Verified complaint. If a property owner has not entered into an agreement stipulating to the necessity of a taking and the public purpose of a highway project, and the Agency wishes to proceed with the taking, the Agency shall file a verified complaint in the Civil Division of the […]
§ 505. Hearing on proposed taking; judgment; appeal and stay (a) Hearing. (1) If a timely answer is filed denying the necessity of a taking or the public purpose of the project, the court shall schedule a final hearing to determine the contested issues, which shall be held within 90 days of expiration of the […]
§ 506. Recording of judgment or notice of condemnation; payment; vesting of title (a)(1) Within 15 business days of the issuance of a judgment of condemnation by the court or of the preparation of a notice of condemnation by the Agency in accordance with subdivision 503(e)(2) of this chapter, the Agency shall: (A) record the […]
§ 507. Cattle passes In its order of condemnation, the court may direct the Agency to install passes under the highway for the benefit of large modern farm properties, the fee title of which is owned by any party to the proceedings, where a reasonable need is shown by the owner. The court may consider […]
§ 511. Determination of damages (a) Disputes between a property owner and the Agency on the amount of compensation to be paid as a result of a taking shall be resolved as follows: (1) If the owner’s demand exceeds the Agency’s offer of just compensation by $25,000.00 or less, the owner may obtain a determination […]
§ 512. Payment following decision on damages; credit of State pledged (a) Within 30 days of a final decision on damages and the exhaustion or expiration of all appeal rights, the Agency shall pay or tender the owner the amount, if any, by which the award to the person exceeds the amount previously paid or […]
§ 513. Appeal of damages decision; jury trial (a) A party dissatisfied with a decision of the Transportation Board as to the amount or apportionment of damages awarded may appeal to a Superior Court where the land is situated within 30 days after the date of the decision, and any number of persons aggrieved may […]
§ 514. Award of costs in damages action; litigation expenses in inverse condemnation action (a) If a damages award by a court is more than the Agency’s offer of just compensation or offer of judgment, whichever is greater, the court shall award the property owner his or her reasonable costs. If the damages award is […]
§ 516. Relocation A municipal corporation affected by a relocation under this chapter may appear and be heard at any proceedings in connection with the relocation. If, after the hearing, the court determines that the relocation of a highway is necessary for the convenience of individuals or of the State, the court shall, by its […]
§ 518. Minor alterations to existing facilities (a) As used in this section, the term “minor alterations to existing facilities” means any of the following activities involving existing facilities, provided the activity does not require a permit under 10 V.S.A. chapter 151 (Act 250): (1) Activities that qualify as “categorical exclusions” under 23 C.F.R. § […]
§ 519. Condominiums; common areas and facilities (a) As used in this section, “apartment owner,” “association of owners,” “common areas and facilities,” and “declaration” have the same meanings as in the Condominium Ownership Act, 27 V.S.A. § 1302. (b) Notwithstanding any other provision of law, whenever the Agency proposes under this chapter to acquire any […]
