Vermont Statutes Title 19 Sec. 1105
Terms Used In Vermont Statutes Title 19 Sec. 1105
- highway: includes rights-of-way, bridges, drainage structures, signs, guardrails, areas to accommodate utilities authorized by law to locate within highway limits, areas used to mitigate the environmental impacts of highway construction, vegetation, scenic enhancements, and structures. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
- Person: includes a municipality or State agency. See
- Selectboard: includes village trustees and city councils. 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: includes incorporated villages and cities. See
§ 1105. Obstructing travel
A person, other than a municipality acting with respect to highways under its jurisdiction, who places or causes to be placed an obstruction or encroachment in a public highway or trail, so as to hinder or prevent public travel or to injure or impede a person traveling on the highway or trail, shall be fined not more than $1,000.00 plus the actual costs of repairing the damage and a reasonable attorney’s fee, to be recovered in a civil action in the name of the town or State. One or more items of logging or other equipment temporarily within the right-of-way of a trail shall not be actionable under this section if located in such a way as not to unreasonably impede passage. If the court finds that an action under this section was brought without substantial basis, the court may award a reasonable attorney’s fee against the person bringing the action. Nothing in this section shall preclude the selectboard from exercising regulatory authority granted under sections 304 and 1110 of this title. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1991, No. 47, § 3; 1991, No. 117 (Adj. Sess.), § 1, eff. Feb. 12, 1992.)