§ 3303 - Compensation, condemnation - Vermont Statutes

§ 3303. Compensation, condemnation

Such municipal corporation may agree with the owner or owners of any property, franchise, easement, or right which may be required by such municipal corporation for the purposes of this chapter, as to the compensation to be paid therefor. In case of failure to agree as to such compensation, or in case such owner is an infant, insane, absent from the state, unknown, or the owner of a contingent interest, the superior court within and for the county where the subject property is situated on the petition of either party, may cause such notice to be given of such petition as the presiding judge of said court may prescribe. After proof thereof, such presiding judge may appoint three disinterested persons as commissioners to examine such property to be taken, or damaged by such municipal corporation. Such commissioners after being duly sworn, upon due notice to all parties in interest, shall view the premises, hear the parties in respect to such property, and shall assess and award to such owners and persons so interested just damages for any injury sustained as aforesaid and make report in writing to such presiding judge. The presiding judge may thereupon accept such report, unless just cause is shown to the contrary. Such presiding judge may order such municipal corporation to pay the same in such time and manner as he may prescribe, in full compensation for the property taken, or the injury done by such municipal corporation, or such presiding judge may reject or recommit such report if the ends of justice so require. On compliance with such order, such municipal corporation may proceed with the construction of its work without liability for further claim for damages. Such presiding judge may award costs in such proceeding in his or her discretion. Such cause may be transferred to the supreme court as provided in section 4601 of Title 12.