2018 Vermont Statutes
Title 19 - Highways
Chapter 9 - Repairs, Maintenance, And Improvements
§ 923 Quasi-judicial process
§ 923. Quasi-judicial process
In order to protect the rights of interested persons and the public, the process described in this section shall be used whenever so provided by other provisions of this title. As used in this section, "interested person" means a person who has a legal interest of record in the property that would be affected by the proposed action.
(1) Notice. The selectboard shall give written notice by certified mail or by one of the methods allowed by Rule 4 of the Vermont Rules of Civil Procedure for service of original process to any interested person describing the proposed activity affecting the property. The notice shall include a date and time when the selectboard shall inspect the premises. The notice shall precede the inspection by 30 days or more except in the case of an emergency.
(2) Inspection of premises. The selectboard shall view the area and receive any testimony pertinent to the problem including suggested awards for damages, if any.
(3) Necessity. The selectboard shall decide on the necessity for the activity or work proposed and establish any conditions for accomplishing it. This includes the award of damages, if applicable. The selectboard shall announce the decision and the reason for it within 10 days of the inspection unless the selectboard formally delays the proceeding in order to receive more testimony.
(4) Notifying parties. The selectboard shall notify the interested persons and other interested parties of their decision. They shall file a copy of their decision with the town clerk within 10 days of its announcement.
(5) Appeal. If an interested person is dissatisfied with the award for damages, he or she may appeal using any of the procedures listed in chapter 5 of this title. Notice or petition for appeal shall not delay the proposed work or activity. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2015, No. 158 (Adj. Sess.), § 24.)
