Vermont Statutes Title 10 Sec. 958
Terms Used In Vermont Statutes Title 10 Sec. 958
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
- real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
§ 958. Eminent domain; determining necessity
(a) The Commissioner of Environmental Conservation may file a complaint in the Civil Division of the Superior Court for any county in which a portion of the real estate lies to determine that necessity requires that the State acquire real estate within the State, including real estate held for public use in the name of the State or any municipality, for the purpose of flood control projects.
(b) “Necessity” means a reasonable need that considers the greatest public good and the least inconvenience and expense to the condemning party and to the property owner. It shall not be measured merely by expense or convenience to the condemning party. Due consideration shall be given to the following factors:
(1) The adequacy of other property and locations.
(2) The quantity, kind, and extent of cultivated and agricultural land that may be made unfit for use by the proposed taking. In this connection, the effect on long-range agricultural land use as well as the immediate effect shall be considered.
(3) The effect of the taking upon home and homestead rights and the convenience of the owner of the land.
(4) The effect of the taking upon scenic and recreational values in the areas involved.
(5) The effect upon town grand lists and revenues.
(6) The effect upon fish and wildlife, forests and forest programs, the natural flow of water and the streams both above and below any proposed structure, upon hazards to navigation, fishing, and bathing, and upon other public uses.
(7) Whether the cutting clean and removal of all timber and tree growth from all or any part of any flowage area involved is reasonably required.
(c) The complaint, the service thereof and the proceedings in relation thereto, including rights of appeal, shall conform with and be controlled by 19 Vt. Stat. Ann. chapter 5. (Added 1966, No. 27 (Sp. Sess.), § 4, eff. March 12, 1966; amended 1981, No. 222 (Adj. Sess.), § 20; 1987, No. 76, § 18; 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 126 (Adj. Sess.), § 6.)