Vermont Statutes Title 24 Sec. 2299e
Terms Used In Vermont Statutes Title 24 Sec. 2299e
- 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
§ 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.)