Discontinuance of Highways

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

in effect

19 V.S.A. § 771 Procedure

771. Procedure (a) The legislative body of a municipality may discontinue a town highway after following the procedures of sections 708-711 of this title. The authority of the legislative body under this subsection shall extend to any town highway, regardless of whether the highway was originally laid out by the town, the former county court, the Supreme Court, a committee of the General Assembly, a turnpike company, or was established in any other manner now or formerly authorized by law. (b) Notwithstanding subsection (a) of this section, the legislative body shall not discontinue a class 1 or class 2 town highway without the prior approval of the Secretary of Transportation. (c) Notwithstanding subsection (a) of this section, the legislative body shall not discontinue a class 3 or class 4 town highway extending into an adjacent municipality without notifying the legislative body of the adjacent municipality. If the legislative body of the adjacent town is aggrieved by a decision of the legislative body of the municipality in which the highway is located, it may appeal to the Transportation Board pursuant to subdivision 5(d)(9) of this title. Added 1985, No. 269 (Adj. Sess.), § 1; amended 2005, No. 178 (Adj. Sess.), § 6.

19 V.S.A. § 772 Service of petition; costs

772. Service of petition; costs When a petition is made to the Superior or Supreme Court to discontinue a highway laid out by commissioners appointed by either of the courts, which has not been built agreeably to the orders of the court, the petition shall be served on one or more of the original petitioners for the laying of the highway, as well as on one or more selectboard members of the town or towns through which the highway is laid, or the petition, on motion, shall be dismissed. If commissioners are appointed and report adversely to the request of the petition, the original petitioners shall, in the discretion of the court, be entitled to costs. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 775 Title to discontinued highway

775. Title to discontinued highway The selectboard shall notify the Commissioner of Forests, Parks and Recreation when it has filed a petition to discontinue a highway under this subchapter. The selectboard may designate the proposed discontinued highway as a trail, in which case the right-of-way shall be continued at the same width. The Commissioner of Forests, Parks and Recreation with the approval of the selectboard may also make this designation. If the discontinued highway is not designated as a trail, the right-of-way shall belong to the owners of the adjoining lands. If it is located between the lands of two different owners, it shall be returned to the lots to which it originally belonged, if they can be determined; if not, it shall be equally divided between the owners of the lands on each side. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 776 Damages for highways discontinued before completion

776. Damages for highways discontinued before completion When a public highway is laid out and damages are assessed to the owners of the land or rights acquired and the highway is legally discontinued before being worked or opened, the assessment of damages shall become void. Damages from the laying out, less actual damages accrued before discontinuance, shall be returned to the town. Actual damages before discontinuance shall be established by the selectboard using the procedure in section 923 of this title. Thereafter, title to the land shall be returned to the original landowner or his or her assigns. Added 1985, No. 269 (Adj. Sess.), § 1.

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