§ 750. Petition When the selectboard does not lay out, alter, or discontinue a highway, or when a highway is laid out by the selectboard and is not built and opened for use within three years, or if discontinued by the selectboard before it is built and opened, persons who are either voters or landowners, […]
§ 751. Service of citation; commissioners The petition with a citation, shall be served on one or more selectboard members within 21 days from the date received by the court. Unless cause is shown to the contrary, the court shall appoint as commissioners three disinterested landowners, preferably from other towns. (Added 1985, No. 269 (Adj. […]
§ 752. Court may refuse to appoint commissioners When, within five years from the date of the petition, two prior petitions have been brought for substantially the same purpose, and the appointed commissioners’ report was adverse to the petition, the court may refuse to appoint commissioners and may dismiss the petition. (Added 1985, No. 269 […]
§ 753. Hearing by commissioners The commissioners shall appoint a time and place for examination and hearing, give notice to one or more selectboard members and to persons owning or interested in the land through which the highway may be laid, examine the premises, and inquire into the convenience and necessity of the highway in […]
§ 754. Survey; determining damages When the commissioners decide to lay out or alter a highway, they shall cause the highway to be surveyed and determine what damages will be sustained by the persons interested in the lands after notifying the persons of the time and place of the hearing. The expenses of making the […]
§ 755. Petitioners especially benefited When the commissioners determine that the petitioners or some of them, will be especially benefited, they may make their decision to lay out the highway conditional upon the payment by the petitioners benefited of money, in the amount as the commissioners deem just, towards the expense of laying out and […]
§ 756. Filing of report When the commissioners have completed their inquiries, they shall report their findings and decision with the survey and appraisal of damages, if any. The report shall be returned to and filed in the county clerk’s office within 30 days after the completion of the inquiry. (Added 1985, No. 269 (Adj. […]
§ 757. Filing of survey and appraisal The commissioners shall also file a copy of the survey and the appraisal of damages in the town clerk’s office at the time of filing their report in the Superior Court. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 758. Opposing report The town or any interested person may appear before the court to oppose the acceptance of the report by showing any relevant facts. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 759. Orders on report; costs The court may reject or accept the report in whole or in part, and by its order or decree establish, alter, or discontinue the highway, in whole or in part, and render judgment for or against the town in favor of the persons interested in the lands and for […]
§ 760. Order to require payment to town When the report makes the laying out of the highway conditional upon the payment of part of the expense by the petitioners especially benefited, the order laying out the highway shall require payment to the town within a stated time. (Added 1985, No. 269 (Adj. Sess.), § […]
