Proceedings in Superior Court on Refusal of Selectboard to Act

V.S.A. tit. 19, ch. 7, subch. 5

in effect

19 V.S.A. § 750 Petition

750. Petition When the selectboard does not lay out, alter, or discontinue a highway, or when a highway is laid out by the selectboard and is not built and opened for use within three years, or if discontinued by the selectboard before it is built and opened, persons who are either voters or landowners, and whose number is at least five percent of the voters, of the town may apply for relief by petition in writing to the Superior Court for the same county, or in either county when the highway or bridge is in two counties, for any of these purposes. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 751 Service of citation; commissioners

751. Service of citation; commissioners The petition with a citation, shall be served on one or more selectboard members within 21 days from the date received by the court. Unless cause is shown to the contrary, the court shall appoint as commissioners three disinterested landowners, preferably from other towns. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 752 Court may refuse to appoint commissioners

752. Court may refuse to appoint commissioners When, within five years from the date of the petition, two prior petitions have been brought for substantially the same purpose, and the appointed commissioners’ report was adverse to the petition, the court may refuse to appoint commissioners and may dismiss the petition. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 753 Hearing by commissioners

753. Hearing by commissioners The commissioners shall appoint a time and place for examination and hearing, give notice to one or more selectboard members and to persons owning or interested in the land through which the highway may be laid, examine the premises, and inquire into the convenience and necessity of the highway in the same manner as the selectmen, following the requirements of section 709 of this title. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 754 Survey; determining damages

754. Survey; determining damages When the commissioners decide to lay out or alter a highway, they shall cause the highway to be surveyed and determine what damages will be sustained by the persons interested in the lands after notifying the persons of the time and place of the hearing. The expenses of making the survey shall be included in the commissioners’ accounts and allowed by the court. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 755 Petitioners especially benefited

755. Petitioners especially benefited When the commissioners determine that the petitioners or some of them, will be especially benefited, they may make their decision to lay out the highway conditional upon the payment by the petitioners benefited of money, in the amount as the commissioners deem just, towards the expense of laying out and building the highway. They shall include a statement of the names of the parties benefited and the amount apportioned to each in their report to the Superior Court. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 756 Filing of report

756. Filing of report When the commissioners have completed their inquiries, they shall report their findings and decision with the survey and appraisal of damages, if any. The report shall be returned to and filed in the county clerk’s office within 30 days after the completion of the inquiry. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 757 Filing of survey and appraisal

757. Filing of survey and appraisal The commissioners shall also file a copy of the survey and the appraisal of damages in the town clerk’s office at the time of filing their report in the Superior Court. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 758 Opposing report

758. Opposing report The town or any interested person may appear before the court to oppose the acceptance of the report by showing any relevant facts. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 759 Orders on report; costs

759. Orders on report; costs The court may reject or accept the report in whole or in part, and by its order or decree establish, alter, or discontinue the highway, in whole or in part, and render judgment for or against the town in favor of the persons interested in the lands and for the damages they have severally sustained. If the petition is wholly granted, or wholly rejected, the court shall assign costs accordingly, or if otherwise, may assign costs as appears just. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 760 Order to require payment to town

760. Order to require payment to town When the report makes the laying out of the highway conditional upon the payment of part of the expense by the petitioners especially benefited, the order laying out the highway shall require payment to the town within a stated time. 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