§ 508 - Stipulation of necessity - Vermont Statutes

§ 508. Stipulation of necessity

(a) A person or municipality owning or having an interest in lands or rights to be taken or affected, a municipality in which the land is to be taken or affected, and other interested persons may stipulate as to the necessity of the taking.

(b) The stipulation shall be an affidavit sworn to before a person authorized to take acknowledgments, and, in the case of a municipality, shall be executed by a majority of its legislative body. The stipulation shall be in a form approved by the attorney general and shall include but not be limited to the following:

(1) a recital that the person or persons executing the stipulation have examined the applicable plan and survey of the lands or rights to be taken;

(2) an explanation of the legal and property rights affected; and

(3) that the right of the person to adequate compensation is not affected by executing the stipulation.

(c) The stipulation shall be invalid unless within two years of the date of the stipulation an order of necessity is granted. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2009, No. 3 (Sp. Sess.), § 2.)