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.)
Vermont Legal Code