Acquisition of Property by Towns and Associations

V.S.A. tit. 18, ch. 121, subch. 4

in effect

18 V.S.A. § 5481 Acquisition of land and property—Purchase or gift

5481. Acquisition of land and property—Purchase or gift The right to acquire land and property for cemetery purposes, either by purchase or gift, by towns, churches, religious or ecclesiastical societies, and cemetery associations is hereby affirmed under the conditions and restrictions set forth in this chapter.

18 V.S.A. § 5482 Eminent domain

5482. Eminent domain The right to acquire land and property for cemetery purposes by condemnation proceedings by towns and cemetery associations is hereby granted under the conditions and restrictions set forth in this chapter.

18 V.S.A. § 5483 Acquisition of land by town

5483. Acquisition of land by town When it is necessary to enlarge a public burial ground or to establish a new one, three or more freeholders of the town may apply in writing to the selectboard, setting forth such necessity with a description of the land necessary for the purpose. The selectboard shall then proceed as in case of an application by three or more freeholders to lay out a highway. Amended 2023, No. 6, § 183, eff. July 1, 2023.

18 V.S.A. § 5484 Acquisition of gravel by town or association

5484. Acquisition of gravel by town or association (a) When public necessity requires that a burial ground be raised or portions thereof filled up with gravel or earth, and the town or association owning or managing the same cannot agree with the owner of such gravel or earth for its purchase, three or more owners of lots in such burial ground may apply in writing to the selectboard, setting forth such necessity. The selectboard shall then proceed as in case of an application to them by three or more freeholders to lay out a highway. If in their opinion such necessity exists, they shall authorize, in writing, such town or association to take and remove such gravel or earth, use the same for the purposes aforesaid, and appraise the damage to the owner thereof. (b) Before such town or association takes or removes gravel or earth, as provided in subsection (a) of this section, it shall pay or tender to the owner the amount of damages as appraised by the selectboard. Amended 2023, No. 6, § 184, eff. July 1, 2023.

18 V.S.A. § 5485 Appeal to Superior Court

5485. Appeal to Superior Court When, in accordance with the provisions of this chapter, a person owning or having an interest in lands taken for a burial ground, or gravel or earth for the same, is dissatisfied with such taking or with the damages awarded to the person by the selectboard in such proceedings, the person may petition the Superior Court of the county in which such lands lie in the same manner as in case of an appeal as to the laying out of a highway by the selectboard, and thereupon the same proceedings shall be had on such petition. Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2023, No. 6, § 185, eff. July 1, 2023.

18 V.S.A. § 5486 Repealed. 1965, No. 142.

18 V.S.A. § 5487 Acquisition of land by cemetery associations generally

5487. Acquisition of land by cemetery associations generally A cemetery association may acquire by gift, purchase at its fair cash market value, or devise such lands as may be necessary for its cemetery purposes. If the consent of the selectboard and local board of health is first had and obtained in writing, such association may devote the same to such cemetery purposes. When it is necessary to acquire lands by condemnation proceedings, such proceedings shall be taken as provided in sections 5488–5494 of this title. Amended 2023, No. 6, § 186, eff. July 1, 2023.

18 V.S.A. § 5488 Enlargement of cemeteries by associations—Petition to Superior Court to acquire land

5488. Enlargement of cemeteries by associations—Petition to Superior Court to acquire land When an incorporated cemetery association wishes to enlarge the limits of its burial ground, and votes to purchase additional land for permanent disposition purposes and the owner of such land refuses to convey the same to the cemetery association for a reasonable compensation, the trustees or president of such association, by a petition in writing, may apply to the Superior Court in the county in which such burial ground is located for the appointment of commissioners. Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2021, No. 169 (Adj. Sess.), § 18, eff. Jan. 1, 2023.

18 V.S.A. § 5489 Service of petition; appointment of commissioners

5489. Service of petition; appointment of commissioners The petition with a citation shall be served on the owner of such land like a summons. On such application, the court may appoint three disinterested persons residing in some other town as commissioners.

18 V.S.A. § 5490 Notice; hearing

5490. Notice; hearing The commissioners shall appoint a time and place for examination of the premises and appraisal of the damages. They shall give six days’ notice thereof to the president or to one or more of the trustees of such association, and to the owner or occupant of such land either personally or by written notice left at the residence of such owner or occupant, and shall examine the premises and inquire into the public necessity and convenience of such enlargement.

18 V.S.A. § 5491 Survey; damages

5491. Survey; damages When the commissioners decide that public necessity and convenience require the enlargement of such burial grounds, and the amount needed, they shall cause the same to be surveyed and shall ascertain what damages will be sustained by the owner of such land.

18 V.S.A. § 5492 Report, filing

5492. Report, filing When the commissioners have completed their inquiries, they shall make report, stating their doings and decision, with their survey and appraisal of damages. Such report shall be returned to and filed in the office of the clerk of the court within 30 days after the completion of such inquiry.

18 V.S.A. § 5493 Judgment on report; costs

5493. Judgment on report; costs The court may accept or reject the report, render judgment thereon, tax costs as it deems just, and issue execution for damages and costs.

18 V.S.A. § 5494 Title to lands taken

5494. Title to lands taken Such cemetery association shall not take possession of such lands until the damages and costs are paid. When so paid, a valid title to the lands so taken shall vest in such association, and the same may be used for burial purposes.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/18/121Fetched: 10/21/2026