§ 142 - Restoration to former channel - Vermont Statutes

§ 142. Restoration to former channel

(a) When the channel of a river or stream, not navigable, is changed by a freshet, or increase of water, the persons owning the land through which it formerly flowed, or lands adjoining it, may restore the stream to its former channel, and, within three years after the channel is so changed, and not after, may enter upon the premises of the person through whose land the stream flows and do the work necessary for that purpose, upon paying to the owner the damages occasioned thereby; and he may pass over lands between the stream and the highway by paying to the owners of such lands the damages occasioned thereby.

(b) When there is a disagreement as to the damages, the person desiring to restore the channel to its former course may petition the superior court of the county in which the lands lie, for the appointment of three commissioners to appraise the damage. The further proceedings under subsection (a) of this section shall be the same as in laying out, altering or resurveying a highway by order of the superior court. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)