Vermont Statutes Title 19 Sec. 740
Terms Used In Vermont Statutes Title 19 Sec. 740
- Altered: means a major physical change in the highway such as a change in width from a single lane to two lanes. See
- 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.
- Appraisal: A determination of property value.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- Person: includes a municipality or State agency. See
- Selectboard: includes village trustees and city councils. See
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
§ 740. Petition
(a) When a person owning or interested in lands through which a highway is laid out, altered, or resurveyed by selectboard members objects to the necessity of taking the land, or is dissatisfied with the laying out, altering, or resurveying of the highway, or with the compensation for damages, he or she may appeal, in accordance with Rule 74 of the Vermont Rules of Civil Procedure, to the Superior Court in the same county, or in either county when the highway or bridge is in two counties. Any number of aggrieved persons may join in the appeal. The appeal shall be filed within 30 days after the order of the selectboard members on the highway is recorded. If the appeal is taken from the appraisal of damages only, the selectboard members may proceed with the work as though no appeal had been taken. Each of the appellants shall be entitled to a trial by jury on the question of damages.
(b) The words “necessity” and “damages” as used in this section shall have the same definition as set forth in chapter 5 of this title. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 161 (Adj. Sess.), § 12, eff. Jan. 1, 1998; 2005, No. 178 (Adj. Sess.), § 5.)