2018 Vermont Statutes
Title 24 Appendix - Municipal Charters
Chapter 15 - City Of Vergennes
App 15-65 Damages; procedure for determining

§ 15-65. Damages; procedure for determining

If in any case the damages caused by talking the water, or by taking the land, or any right, title, or interest therein, or for entering upon and using any land as aforesaid, are not adjusted by agreement of the parties affected thereby, or if the owner disputes the necessity for such taking, the City Council shall proceed in the same manner as is provided by law for selectmen in taking lands for highway purposes and in awarding damages therefor. If any interested person or corporation is dissatisfied with the decision as to the necessity for or the extent of such taking or with the award of damages, it may apply by petition to the Addison County Court setting forth the particulars wherein said petitioner claims to be aggrieved, and any number of persons may join therein. Said petition, with a citation, shall be served on the Clerk of said City within 30 days from the filing of the award and description of the property taken, and at least 12 days before the term of the Court to which the petition is returnable; the Court shall thereupon appoint three disinterested persons as commissioners, who shall inquire into the intent and necessity of such taking, and as to the damages sustained by the petitioners. Said commissioners shall give at least six days' notice of the time and place of hearing to the petitioners, and to the Clerk of the City of Vergennes; they shall report their findings to the Court, and upon hearing said Court may accept or reject said report, in whole or in part, make such orders in the premises as justice requires, may render judgment for the petitioners respectively, may take costs for either party, and award execution. In case final judgment is rendered for the City, or if no appeal from the decision of the commissioners is taken, the City may immediately tender the amount awarded as damages and costs and thereupon enter upon and occupy the premises so taken.