Terms Used In Vermont Statutes Title 24 Sec. 3608

  • 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.
  • Board: means the board of sewage disposal commissioners. See
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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. 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

§ 3608. Appeal from order of necessity

If the State, municipal corporation, or any owner affected by the order of the court is aggrieved thereby, an appeal may be taken to the Supreme Court in such manner as the Supreme Court may by rule provide for appeals from Superior courts. In the event an appeal is taken, all proceedings shall be stayed until final disposition of the appeal. If no appeals are taken within the time provided therefor or, if appeal is taken, upon its final disposition a copy of the order of the court shall be placed on file within 10 days in the office of the clerk of each town in which the land affected lies and thereafter for a period of one year the board may institute proceedings for the condemnation of the land included in the survey as finally approved by the court without further hearing or consideration of any question of the necessity of the taking. (1963, No. 214, § 6; amended 1971, No. 185 (Adj. Sess.), § 204, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)