2020 Vermont Statutes
Title 24 - Municipal and County Government
Chapter 101 - Sewage Disposal System
§ 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 the owner is an infant, a person who lacks capacity to protect his or her interests due to a mental condition or psychiatric disability, 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 the notice to be given of the application as he or she may prescribe, and after proof thereof, may appoint three disinterested persons to examine the property to be taken, or damaged by the 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 the property, and shall assess and award to the owners and persons so interested just damages for any injury sustained and make report in writing to the 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 that inures directly to the owner thereof as a result of the taking or use as distinguished from the general public benefit, shall be considered. The judge may thereupon accept the report, unless just cause is shown to the contrary, and order the municipal corporation to pay the same in the time and manner as the judge may prescribe, in full compensation for the property taken, or the injury done by the municipal corporation, or the judge may reject or recommit the report if the ends of justice so require. On compliance with the order, the 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 the proceeding. Appeals from the order may be taken to the Supreme Court under 12 V.S.A. chapter 102. (Amended 1963, No. 214, § 7; 2013, No. 96 (Adj. Sess.), § 155.)