§ 3535. Right of action on nonpayment of damages
When a railroad corporation has entered upon and used land and real estate for the construction and accommodation of its railroad and has, by its engineers, agents, or servants, entered upon land contiguous to the railroad or the works connected to the railroad and taken materials to use in the construction of its road, and has not paid the owner for those materials nor, within two years from entry, had the damages appraised by commissioners and an award made and delivered, a person claiming damages, within six years after the entry, may bring an action for damages before a Superior Court. An answer justifying the entry under the act incorporating the company shall not bar the action, but the plaintiff shall recover only actual damages. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 57; 2021, No. 105 (Adj. Sess.), § 29, eff. July 1, 2022.)
Structure Vermont Statutes
Title 5 - Aeronautics and Surface Transportation
Chapter 68 - Construction and Operation of the Road
§ 3519. Location of road to be recorded
§ 3520. Right to take land and water
§ 3521. Taking for depot accommodations
§ 3522. Land without road limits
§ 3523. Appraisal of damages; appointment of commissioners
§ 3524. Notice of time and place of appraisal
§ 3525. Description of land and property
§ 3526. Estate for life or years; reversionary interest
§ 3527. Notice and statement of appraisal; record
§ 3528. Payment or deposit of damages conveys property
§ 3529. When owner is an infant or has an intellectual or psychiatric disability
§ 3530. Appeal to Superior Court
§ 3531. Proceedings in Superior Court respecting damages
§ 3532. Notice required before final decree
§ 3533. Deposit of damages; sum invested
§ 3534. Obstruction to private way
§ 3535. Right of action on nonpayment of damages
§ 3536. Security from contractors; liability for wages
§ 3538. When other land of same owner is taken, first land to revert
§ 3539. Difference in value; adjustment
§ 3540. Change after damages are paid
§ 3541. Change before damages are paid
§ 3542. Right to alter highway
§ 3544. Alteration of course of highway at crossing
§ 3545. Alterations to be recorded
§ 3566. Highway crossing railroad
§ 3567. Application to Transportation Board
§ 3568. Railroad crossing highway
§ 3569. Highway changed; notice; hearing
§ 3570. Crossing; repairs at town highways
§ 3572. Highway bridges on State highways
§ 3573. Railroad bridges; repairs and construction
§ 3574. Expense; apportionment; State, municipality, and railroad
§ 3575. Maintenance, road bed; underpass
§ 3576. Expense; State highways
§ 3578. Release of corporation from liability
§ 3579. Towns may require repairs
§ 3580. Contract between town and company not affected
§ 3581. Warning devices and signs at grade crossings; exemption from stopping
§ 3582. Crossings; use of audible warning device
§ 3584. Gates, electric signals, flaggers
§ 3585. Procedure for payment of State’s portion of cost
§ 3586. Obstructing crossings; penalty
§ 3587. Obstructing crossing more than five minutes; penalty; exemption
§ 3588. Nuisance on highway; penalty
§ 3590. Obstructing sight of cars at crossing; penalty
§ 3591. Nonremoval after notice; penalty
§ 3593. Partial reimbursement of crossing maintenance costs; crossing surfaces
§ 3612. Railroads may cross or unite; compensation, points, and manner
§ 3613. Foreign corporations may hold real estate, when
§ 3614. Terms of business between connecting roads
§ 3615. Terms with two competing roads that intersect
§ 3616. Connection of passenger trains; Board may determine
§ 3617. Making competing road a party
§ 3618. Intersection of railroads; stopping trains
§ 3639. Farm crossings and cattle guards; construction and maintenance; judicial review
§ 3640. Board, when parties disagree
§ 3641. Cattle guards at highway crossings
§ 3642. Fences; construction and maintenance
§ 3644. Construction of fence when landowner is to keep it
§ 3645. Damage to animals on railroad
§ 3646. Driving animals or vehicle within fences on railroad; damages; penalty
§ 3647. Allowing animal to be at large in roadway; damages; penalty
§ 3648. Complaint regarding fences, guards, crossings, watercourses
§ 3670. Clearance standards; variance
§ 3671. Destruction of weeds and thistles
§ 3694. Rebate on fare paid on train; penalty
§ 3695. Equal charges and facilities; long and short haul
§ 3696. Special rates; fairs and schools
§ 3697. Equal and reasonable facilities
§ 3698. Connecting roads not to charge more for short than long distance; exception
§ 3699. Penalty; excursion tickets
§ 3700. Installation of telephone in stations
§ 3723. Ejectment of passenger from train
§ 3725. Refusal to pay fare; penalty
§ 3726. Running out of time; penalty
§ 3727. Only company’s engines to be run on road; penalty
§ 3728. Employ of person using alcohol; penalty; damages
§ 3729. Use of alcohol by employee; penalty
§ 3730. Negligence of employee; penalty
§ 3731. Property held for injuries on road
§ 3732. Damages for fire communicated by engine
§ 3734. Trespass on railroad property; penalty
§ 3759. Arrest; place of arraignment and trial