Condemnation; Solid Waste Management Districts

V.S.A. tit. 24, ch. 61, subch. 13

in effect

24 V.S.A. § 2299a Eminent domain; solid waste management districts

2299a. Eminent domain; solid waste management districts (a) A solid waste management district organized pursuant to chapter 121 of this title or by charter, may acquire property, or some easement or other rights in property, in order to construct and operate a sanitary landfill including suitable buffer areas and transfer stations and other solid waste facilities located on the landfill site, by condemnation as provided in this subchapter. (b) A solid waste management district may condemn only property, easements or rights in property lying within the boundary of the district at any time after June 28, 1991. However, withdrawal of a municipality from membership in the district before November 1, 1991 shall terminate condemnation proceedings with respect to property, easements, and interests in property lying within that municipality. (c) This subchapter may not be used to condemn property, easements, or other rights in property at solid waste management facilities actually operated by any person at any time during the three years before a petition is filed under this subchapter under either transitional authorizations issued on or before August 1, 1987 or interim, provisional, or final certifications issued by the Agency of Natural Resources. Added 1991, No. 109, § 1, eff. June 28, 1991.

24 V.S.A. § 2299b Definitions

2299b. Definitions As used in this subchapter, (1) “Necessity” means a reasonable need which considers the greatest public good and the least inconvenience and expense to the condemning party and to the property owner. Necessity shall not be measured merely by expense or convenience to the condemning party. Due consideration shall be given to the adequacy of other property and locations and to the quantity, kind, and extent of cultivated and agricultural land which may be taken or rendered unfit for use by the proposed taking. In this matter, the court shall view the problem from both a long-range agricultural land use viewpoint as well as from the immediate taking of agricultural lands which may be involved. The court shall also consider and give effect to the policy of protecting earth resources, as set forth in 10 V.S.A. § 6086. Consideration also shall be given to the effect upon home and homestead rights and the convenience of the owner of the land, to the effect of the facility upon scenic and recreational values, and to the effect upon town grand lists and revenues. (2) Damages resulting from the taking or use of property under the provisions of this subchapter shall be the value for the most reasonable use of the property or right in the property, and of the business on the property, and the direct and proximate decrease in the value of the remaining property or right in the property and the business on the property. The added value, if any, to the remaining property or right in the property, which accrues directly to the owner of the property as a result of the taking or use, as distinguished from the general public benefit, shall be considered in the determination of damages. (3) “Interested person” or “person interested in lands” means a person who has a legal interest of record in the property affected. (4) “Legislative body” means the board of supervisors, board of commissioners, or other governing board of a solid waste management district. Added 1991, No. 109, § 1, eff. June 28, 1991.

24 V.S.A. § 2299c Determination by legislative body of district

2299c. Determination by legislative body of district (a) No solid waste management district shall exercise the authority conferred on it by this subchapter until after the legislative body of the district has voted at a regular or special meeting warned for that purpose to adopt a resolution setting forth the necessity for the taking and the compensation to be paid. (b) A public hearing shall be held for the purpose of receiving suggestions and recommendations from the public prior to the legislative body’s reaching the judgment required in subsection (a) of this section. The hearing shall be conducted by the legislative body. Public notice shall be given by printing the official notice not less than 30 days prior to the hearing in a newspaper having general circulation in the area affected. A copy of the notice shall be mailed to the legislative body of the municipalities affected and a copy sent by certified mail to known owners of lands and rights in land proposed to be condemned. The notice shall set forth the purpose for which the land or rights are desired. At the hearing the legislative body shall hear and consider all objections, suggestions for changes, and recommendations made by any person interested. (c) If the legislative body determines the necessity of the taking and the compensation to be paid, it shall cause the property to be acquired or affected to be surveyed. Added 1991, No. 109, § 1, eff. June 28, 1991.

24 V.S.A. § 2299d Petition; notice of hearing

2299d. Petition; notice of hearing (a) After completion of the survey, the solid waste management district intending to acquire property or property rights shall present a petition to the Superior Court of the county in which the property lies, describing the property or rights, and stating why it is unable to acquire it without condemnation, and why its acquisition is necessary. The Superior Court shall set a time and place for hearing such petitions, which shall not be more than 60 nor less than 40 days from the date its order is signed, and shall issue a citation. (b) The citation shall be served like a summons upon each person having any legal interest in the property or right, including each municipality and each municipal planning commission where the property is situated, or on absent persons in such manner as the Supreme Court may, by rule, provide for service of process in civil actions. The Superior Court may schedule a joint hearing of some or all petitions relating to the same project and concerning properties or rights located in the same town or abutting towns within the same county. Added 1991, No. 109, § 1, eff. June 28, 1991.

24 V.S.A. § 2299e Finding of necessity; appeal

2299e. Finding of necessity; appeal (a) At the time and place appointed for the hearing, the court shall hear all persons interested and wishing to be heard. If any person owning or having an interest in the property to be taken or affected objects to the necessity of the proposed taking, the court shall require the petitioner to proceed with the introduction of evidence as to the necessity of the taking. The burden of proof shall be upon the petitioner to establish necessity by a fair preponderance of the evidence. No presumptions shall attend the petitioner’s determination of necessity. (b) The court by its order may determine whether necessity requires the taking of the land and rights as set forth in the petition. The court shall make findings of fact and file them and any party may appeal the court’s order regarding necessity to the Supreme Court. Added 1991, No. 109, § 1, June 28, 1991.

24 V.S.A. § 2299f Determination of damages; jury trial

2299f. Determination of damages; jury trial (a) If any person with an interest in the property or right is dissatisfied with the compensation determined by the legislative body of the solid waste management district, the person may, within 30 days after any court order regarding necessity has become final, apply by petition in writing to the Superior Court of the county within which such property or right or part thereof is situated to have the amount of compensation reassessed and the time and manner of payment redetermined. Such petition shall be served and returned like a summons. (b) Either party may request and have a trial by jury on the issue of compensation only. (c) The Superior Court shall determine damages as of the date the property is acquired or at such other date as the court determines. Added 1991, No. 109, § 1, eff. June 28, 1991.

24 V.S.A. § 2299g Compensation; where party cannot be found

2299g. Compensation; where party cannot be found When a person to whom such compensation or any part of that compensation is due cannot be found, or is under any legal disability, or is out of this State, the Superior Court may order such amount to be deposited with the county clerk of the county in which the hearing was held. This money shall be invested and paid out according to orders made by the court. Added 1991, No. 109, § 1, eff. June 28, 1991.

24 V.S.A. § 2299h Copy of order; record

2299h. Copy of order; record When the Superior Court renders judgment, it shall send by registered mail to each of the parties in interest or their attorneys, within 30 days, a certified copy of that judgment. Within 30 days after the Superior Court’s judgment has become final, the petitioner shall cause a certified copy of the judgment to be recorded in the clerk’s office of the town or towns in which the property is located. Added 1991, No. 109, § 1, eff. June 28, 1991.

24 V.S.A. § 2299i Effect of payment of awards

2299i. Effect of payment of awards After resolution of any appeals on the issue of necessity and upon the payment or deposit of the compensation determined by the legislative body of the solid waste management district, with interest, in accordance with its determination, the district shall be the owner of the property or right described in the findings. However, when an appeal is taken on the issue of compensation only, ownership shall be an equitable title only with right of possession until there is compliance with the judgment of the Superior Court. Added 1991, No. 109, § 1, eff. June 28, 1991.

24 V.S.A. § 2299j Access for examination of land

2299j. Access for examination of land Solid waste management districts organized pursuant to chapter 121 of this title, or by charter, after making reasonable effort to provide notice, may enter on any lands and premises for the purpose of making surveys and conducting hydrogeological studies, including subsurface investigations, and other scientific studies and, in the event entry is denied or resisted, they may obtain an order for this purpose from any Superior Court of a county in which the property is located. Orders issued under this section shall specify when solid waste management districts may enter land or premises, the manner and timing of notice they shall give before any such entry, the allowed duration of any entry, and a suitable payment for entry, if any. Solid waste management districts shall be liable for damage done as a result of their entry on lands or premises. Added 1991, No. 109, § 1, eff. June 28, 1991.

24 V.S.A. § 2299k Scope of civil rules

2299k. Scope of civil rules The Vermont Rules of Civil Procedure shall apply to proceedings under this subchapter, except that neither party is entitled to a trial by jury on the issue of necessity. Added 1991, No. 109, § 1, eff. June 28, 1991.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/24/061Fetched: 10/21/2026