2013 Vermont Statutes
Title 24 Municipal and County Government
Chapter 101 SEWAGE DISPOSAL SYSTEM
§ 3609 Compensation, condemnation

3609. Compensation, condemnation

When an owner of land or rights therein and the board are unable to agree on the amount of compensation therefor or in case such owner is an infant, insane, absent from the state, unknown, or the owner of a contingent or uncertain interest, a superior judge may, on the application of either party, cause such notice to be given of such application as he or she may prescribe, and after proof thereof, may appoint three disinterested persons to examine such property to be taken, or damaged by such municipal corporation. After being duly sworn, the commissioners shall, upon due notice to all parties in interest, view the premises, hear the parties in respect to such property, and shall assess and award to such owners and persons so interested just damages for any injury sustained and make report in writing to such judge. In determining damages resulting from the taking or use of property under the provisions of this chapter the added value, if any, to the remaining property or right therein which inures directly to the owner thereof as a result of such taking or use as distinguished from the general public benefit, shall be considered. The judge may thereupon accept such report, unless just cause is shown to the contrary, and order such municipal corporation to pay the same in such time and manner as such judge may prescribe, in full compensation for the property taken, or the injury done by such municipal corporation, or the judge may reject or recommit the report if the ends of justice so require. On compliance with such order, such municipal corporation may proceed with the construction of its work without liability for further claim for damages. In his or her discretion, the judge may award costs in such proceeding. Appeals from the order may be taken to the supreme court under chapter 102 of Title 12. (Amended 1963, No. 214, 7.)