§ 2299a. Eminent domain; solid waste management districts (a) A solid waste management district organized pursuant to chapter 121 of this title or by charter, may acquire property, or some easement or other rights in property, in order to construct and operate a sanitary landfill including suitable buffer areas and transfer stations and other solid […]
§ 2299b. Definitions As used in this subchapter, (1) “Necessity” means a reasonable need which 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. Due consideration shall be given to […]
§ 2299c. Determination by legislative body of district (a) No solid waste management district shall exercise the authority conferred on it by this subchapter until after the legislative body of the district has voted at a regular or special meeting warned for that purpose to adopt a resolution setting forth the necessity for the taking […]
§ 2299d. Petition; notice of hearing (a) After completion of the survey, the solid waste management district intending to acquire property or property rights shall present a petition to the Superior Court of the county in which the property lies, describing the property or rights, and stating why it is unable to acquire it without […]
§ 2299e. Finding of necessity; appeal (a) At the time and place appointed for the hearing, the court shall hear all persons interested and wishing to be heard. If any person owning or having an interest in the property to be taken or affected objects to the necessity of the proposed taking, the court shall […]
§ 2299f. Determination of damages; jury trial (a) If any person with an interest in the property or right is dissatisfied with the compensation determined by the legislative body of the solid waste management district, the person may, within 30 days after any court order regarding necessity has become final, apply by petition in writing […]
§ 2299g. Compensation; where party cannot be found When a person to whom such compensation or any part of that compensation is due cannot be found, or is under any legal disability, or is out of this State, the Superior Court may order such amount to be deposited with the county clerk of the county […]
§ 2299h. Copy of order; record When the Superior Court renders judgment, it shall send by registered mail to each of the parties in interest or their attorneys, within 30 days, a certified copy of that judgment. Within 30 days after the Superior Court’s judgment has become final, the petitioner shall cause a certified copy […]
§ 2299i. Effect of payment of awards After resolution of any appeals on the issue of necessity and upon the payment or deposit of the compensation determined by the legislative body of the solid waste management district, with interest, in accordance with its determination, the district shall be the owner of the property or right […]
§ 2299j. Access for examination of land Solid waste management districts organized pursuant to chapter 121 of this title, or by charter, after making reasonable effort to provide notice, may enter on any lands and premises for the purpose of making surveys and conducting hydrogeological studies, including subsurface investigations, and other scientific studies and, in […]
§ 2299k. Scope of civil rules The Vermont Rules of Civil Procedure shall apply to proceedings under this subchapter, except that neither party is entitled to a trial by jury on the issue of necessity. (Added 1991, No. 109, § 1, eff. June 28, 1991.)
