§ 740. Petition
(a) When a person owning or interested in lands through which a highway is laid out, altered, or resurveyed by selectboard members objects to the necessity of taking the land, or is dissatisfied with the laying out, altering, or resurveying of the highway, or with the compensation for damages, he or she may appeal, in accordance with Rule 74 of the Vermont Rules of Civil Procedure, to the Superior Court in the same county, or in either county when the highway or bridge is in two counties. Any number of aggrieved persons may join in the appeal. The appeal shall be filed within 30 days after the order of the selectboard members on the highway is recorded. If the appeal is taken from the appraisal of damages only, the selectboard members may proceed with the work as though no appeal had been taken. Each of the appellants shall be entitled to a trial by jury on the question of damages.
(b) The words “necessity” and “damages” as used in this section shall have the same definition as set forth in chapter 5 of this title. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 161 (Adj. Sess.), § 12, eff. Jan. 1, 1998; 2005, No. 178 (Adj. Sess.), § 5.)
Structure Vermont Statutes
Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways
§ 702. Width of highways and trails
§ 706. Duties of commissioners appointed by the Supreme or Superior Court
§ 707. Powers of Supreme and Superior Courts
§ 710. Survey or order of discontinuance
§ 711. Selectboard’s return; recording
§ 712. Damages paid or tendered
§ 714. Possession after time expires
§ 717. Evidence of highway completion or discontinuance
§ 726. Petition to Superior Court
§ 729. Commissioners; selection
§ 741. Appointment of commissioners
§ 742. Commissioners’ report; judgment on report
§ 743. Opening of highway stayed; damages
§ 751. Service of citation; commissioners
§ 752. Court may refuse to appoint commissioners
§ 753. Hearing by commissioners
§ 754. Survey; determining damages
§ 755. Petitioners especially benefited
§ 757. Filing of survey and appraisal
§ 759. Orders on report; costs
§ 760. Order to require payment to town
§ 772. Service of petition; costs
§ 775. Title to discontinued highway
§ 776. Damages for highways discontinued before completion
§ 782. Application; service of citation
§ 784. Suspension of assessment upon discontinuance of highway or bridge
§ 790. Laying out highway or bridge on or near line between two towns
§ 792. Petition to selectboard
§ 793. Proceedings by selectboards
§ 794. Highway near but not on line between towns
§ 795. Town not assessed for highway in another town
§ 796. Petition by selectboard
§ 809. Value of discontinued highway
§ 811. Benefits to landowner considered
§ 816. Access roads; State aid; application