§ 725. Arbitration If the damages offered by the selectboard are unacceptable to the property owner, or interested person, the selectboard, with the consent of the other party, may agree to refer the question of damages to one or more disinterested persons mutually selected, whose award shall be final. The reference and award, and the […]
§ 726. Petition to Superior Court A person not satisfied with the damages offered by the selectboard, or any decision made by the selectboard, may apply to the Civil Division of the Superior Court for the appointment of commissioners to appraise the damages. Any other persons claiming damages on account of the highway may join […]
§ 727. Application The application shall be made within 60 days after the highway is opened for travel. A person who did not receive notice of the selectboard’s hearing may apply within one year of the day the highway is opened. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 728. Service On receipt of the petition, the court shall issue a citation stating the time and place of hearing that, with the petition, shall be served on one or more selectboard members at least six days before the time. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 729. Commissioners; selection When the parties do not agree with any other method of appointing commissioners, the court may make a list of 18 disinterested individuals. Each party may object to six on the list, and out of the number not objected to, the court shall select three for commissioners. (Added 1985, No. 269 […]
§ 730. Commission The court shall direct the commission to impartially appraise the damages sustained by the petitioner or the relief sought as set forth in the petition, and report their findings to the court by a date stated in the instructions. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 731. Impartial appraisals The commissioners shall be sworn to make impartial appraisals. They shall give at least six days’ notice of the time of making the appraisal to one or more of the selectboard members and, at the time appointed, examine the premises, make the appraisal, and report their findings as directed in their […]
§ 732. Report The court may accept or reject the report in whole or in part or recommit it to the same or new commissioners with such instructions as justice requires. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 733. Costs When the appraisal by the commissioners is more than was offered by the selectboard, the town shall pay the costs; when less, costs shall be borne by the petitioner. (Added 1985, No. 269 (Adj. Sess.), § 1.)
