§ 792 - Jurisdiction of transportation board; compensation; appeals - Vermont Statutes

§ 792. Jurisdiction of transportation board; compensation; appeals

Jurisdiction is conferred upon the transportation board to hear and determine all questions relating to the necessity or propriety of a taking proposed by the authority and to determine and award compensation for the taking to the persons entitled. When the transportation board finds that it is appropriate or necessary for the authority to condemn property or a right or interest in order that the authority may carry out its powers or the purposes of this chapter, it shall adjudge the authority entitled to condemn the property or right and shall assess the compensation to be paid and shall determine the time and manner of the payment. The compensation shall be based upon the value of the property on the day the petition of the authority is presented to the transportation board, and shall include as separate elements the value of the property taken, impairment to the value of remaining property or rights of the owner, and consequential damages including but not limited to the damage to the owner's business. However, if the authority or the person or persons owning or interested in the property or right are dissatisfied with the compensation assessed by the transportation board, either the authority or the person or persons, may within 20 days after the order of the transportation board is made, apply by petition in writing to the superior court of the county within which the property or right, or any part, is situated to have the amount of compensation reassessed and the time and manner of payment redetermined and either party may demand and have a trial by jury. The petition shall be served and returned like a writ of summons. (Added 1973, No. 14, § 2, eff. Feb. 23, 1973; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1999, No. 18, § 15, eff. May 13, 1999.)