Vermont Statutes Title 5 Sec. 3535
Terms Used In Vermont Statutes Title 5 Sec. 3535
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic, including a trustee, receiver, assignee, or other similar representative. See
- Plaintiff: The person who files the complaint in a civil lawsuit.
- 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
- road: shall include bridges thereon and their approaches. See
§ 3535. Right of action on nonpayment of damages
When a railroad corporation has entered upon and used land and real estate for the construction and accommodation of its railroad and has, by its engineers, agents, or servants, entered upon land contiguous to the railroad or the works connected to the railroad and taken materials to use in the construction of its road, and has not paid the owner for those materials nor, within two years from entry, had the damages appraised by commissioners and an award made and delivered, a person claiming damages, within six years after the entry, may bring an action for damages before a Superior Court. An answer justifying the entry under the act incorporating the company shall not bar the action, but the plaintiff shall recover only actual damages. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 57; 2021, No. 105 (Adj. Sess.), § 29, eff. July 1, 2022.)