§ 3303 — Compensation; condemnation

The municipal corporation may agree with the owner or owners of any property, franchise, easement, or right that may be required by the municipal corporation for the purposes of this chapter, as to the compensation to be paid. In case of failure to agree as to the compensation, or in case the owner is an infant, a person who lacks capacity to protect his or her interests due to a mental condition or psychiatric disability, 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 the notice to be given of the petition as the presiding judge of the court may prescribe. After proof thereof, the presiding judge may appoint three disinterested persons as commissioners to examine the property to be taken or damaged by the municipal corporation. The commissioners after being duly sworn, upon due notice to all parties in interest, shall view the premises, hear the parties in respect to the property, and shall assess and award to the owners and persons so interested just damages for any injury sustained and make report in writing to the presiding judge. The presiding judge may accept the report, unless just cause is shown to the contrary. The presiding judge may order the municipal corporation to pay the same in the time and manner as he or she may prescribe, in full compensation for the property taken, or the injury done by the municipal corporation, or the presiding judge may reject or recommit the report if the ends of justice so require. On compliance with the order, the municipal corporation may proceed with the construction of its work without liability for further claim for damages. The presiding judge may award costs in the proceeding in his or her discretion. The cause may be transferred to the Supreme Court as provided in 12 V.S.A. § 4601. (Amended 2013, No. 96 (Adj. Sess.), § 154; 2019, No. 131 (Adj. Sess.), § 257.)