Petition to Superior Court

V.S.A. tit. 19, ch. 7, subch. 4

in effect

19 V.S.A. § 740 Petition

740. Petition (a) When a person owning or interested in lands through which a highway is laid out, altered, or resurveyed by selectboard members objects to the necessity of taking the land, or is dissatisfied with the laying out, altering, or resurveying of the highway, or with the compensation for damages, he or she may appeal, in accordance with Rule 74 of the Vermont Rules of Civil Procedure, to the Superior Court in the same county, or in either county when the highway or bridge is in two counties. Any number of aggrieved persons may join in the appeal. The appeal shall be filed within 30 days after the order of the selectboard members on the highway is recorded. If the appeal is taken from the appraisal of damages only, the selectboard members may proceed with the work as though no appeal had been taken. Each of the appellants shall be entitled to a trial by jury on the question of damages. (b) The words “necessity” and “damages” as used in this section shall have the same definition as set forth in chapter 5 of this title. Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 161 (Adj. Sess.), § 12, eff. Jan. 1, 1998; 2005, No. 178 (Adj. Sess.), § 5.

19 V.S.A. § 741 Appointment of commissioners

741. Appointment of commissioners The court shall appoint three disinterested landowners as commissioners to inquire into the convenience and necessity of the proposed highway and the manner in which it has been laid out, altered, or resurveyed and, except where a trial by jury is requested, as to the amount of damages sustained by the appellant. Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 161 (Adj. Sess.), § 13, eff. Jan. 1, 1998.

19 V.S.A. § 742 Commissioners’ report; judgment on report

742. Commissioners’ report; judgment on report The commissioners shall give notice to one or more of the selectboard members and to the appellants of the time and place where they will examine the area and hear testimony. After completing their inquiries, they shall make a report to the court. The court may accept or reject the report in whole or in part, and by its order or decree may establish, alter, resurvey, or discontinue the highway, and may render judgment for the appellants for any damages as they have severally sustained. When this allowance is greater than was offered by the selectboard members, the court may tax costs for the appellants, or for either party, as is just. Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 161 (Adj. Sess.), § 14, eff. Jan. 1, 1998.

19 V.S.A. § 743 Opening of highway stayed; damages

743. Opening of highway stayed; damages When the appeal to the Superior Court is based on objections to the necessity of taking the land, or on dissatisfaction with the laying out, alteration, or resurvey by the selectboard members, the opening of the highway shall be stayed until the court renders its decision. The court may fix the time when it shall be opened, as provided in this chapter, and for paying damages awarded when the appeal includes or relates solely to the question of damages. Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 161 (Adj. Sess.), § 15, eff. Jan. 1, 1999.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/19/007Fetched: 10/21/2026