Condemnation Proceedings for Airports

V.S.A. tit. 5, ch. 15, subch. 2

in effect

5 V.S.A. § 651 Exercise of right of eminent domain

651. Exercise of right of eminent domain The Agency or a town, city, or village that is authorized, in accordance with the provisions of this part of this title or special legislation, to acquire, maintain, and operate an airport, landing field, or air navigation facility, or two or more municipalities that are authorized whenever it is necessary to acquire property within this State or some easement or other right in property in order that it may render adequate service to the public in the operation of an airport, landing field, or air navigation facility may acquire by eminent domain in the manner provided in this subchapter such property or right either within or outside its territorial limits, or both, as provided by legislation, for the construction, establishment, enlargement, or improvement of an airport, landing field, or air navigation facility. Added 1985, No. 222 (Adj. Sess.), § 2.

5 V.S.A. § 652 Condemnation proceedings

652. Condemnation proceedings The Secretary of Transportation or the legislative body of a municipality, as defined in 24 V.S.A. § 2001, or the committee representing two or more municipalities, when authorized by vote of their legislative bodies, may institute condemnation proceedings as provided in 19 V.S.A. chapter 5, except as otherwise provided in this subchapter. Added 1985, No. 222 (Adj. Sess.), § 2; amended 2011, No. 126 (Adj. Sess.), § 4; 2021, No. 184 (Adj. Sess.), § 31, eff. July 1, 2022; 2023, No. 6, § 16, eff. July 1, 2023.

5 V.S.A. § 653 Findings and compensation

653. Findings and compensation Necessity and compensation for such property shall be determined as provided in 19 V.S.A. chapter 5; provided, however, that “necessity” shall mean a reasonable need in order that the petitioner may render adequate service to the public in the operation of the airport, landing field, or air navigation facility. Any property or right so condemned shall be held by the municipality under an obligation to serve the general public on reasonable terms and without discrimination. Added 1985, No. 222 (Adj. Sess.), § 2.

5 V.S.A. § 655 Property devoted to public use

655. Property devoted to public use Property or a right in property that is devoted to a public use may be taken under this subchapter if it is alleged in the petition and found by the court in the proceedings that the public interest will be better served by the use of the property or right for the airport, landing field, or air navigation facility for which it is sought to be taken than by the continuance of the public use to which it is already devoted. However, no property in which the federal government or a department or agency of the federal government has an interest or for the development or use of which the federal government or a department or agency has expended or contributed monies under any legislative contract or arrangements where an obligation exists to refund or replace the monies so expended or contributed shall be taken under this subchapter, unless the taking is specifically approved in writing by the President of the United States or the principal officer of the appropriate department or agency of the federal government and by the Governor of this State. Added 1985, No. 222 (Adj. Sess.), § 2; amended 2021, No. 105 (Adj. Sess.), § 19, eff. July 1, 2022.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/05/015Fetched: 10/21/2026