§ 3611.
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/vt/title-24/chapter-101/3611A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 3611. Compensation; condemnation
(a)When an owner of land or rights in land and the board are unable to agree on the amount of compensation or in case the owner is an infant, a person who lacks capacity to protect the person’s interests due to a mental condition or psychiatric disability, absent from the State, unknown, or the owner of a contingent or uncertain interest, a Superior judge may, on the application of either party, cause the notice to be given of the application as the judge may prescribe, and after proof of the application, the judge may appoint three disinterested persons to examine the property to be taken or damaged by the municipal corporation.
(b)After being duly sworn, the commissioners shall, upon due notice to all parties in interest, view the premises, hear the parties in respect to the property, and shall assess and award to the owners and persons so interested just damages for any injury sustained and make report in writing to the judge.
(c)In determining damages resulting from the taking or use of property under the provisions of this chapter, the added value, if any, to the remaining property or right in property that inures directly to the owner as a result of the taking or use as distinguished from the general public benefit shall be considered.
(d)The judge may accept the report, unless just cause is shown to the contrary, and order the municipal corporation to pay the same in the time and manner as the judge may prescribe, in full compensation for the property taken, or the injury done by the municipal corporation, or the judge may reject or recommit the report if the ends of justice so require. On compliance with the order, the municipal corporation may proceed with the construction of its work without liability for further claim for damages. In the judge’s discretion, the judge may award costs in the proceeding. Appeals from the order may be taken to the Supreme Court under 12 V.S.A. chapter 102. (Amended 1963, No. 214, § 7; 2013, No. 96 (Adj. Sess.), § 155; renumbered from 24 V.S.A. § 3609 by 2023, No. 143 (Adj. Sess.), § 13, eff. July 1, 2024.)