Chapter 1. State Highway Law; General Transportation Provisions

History

Amendments

—2015. Act No. 40, § 16 added “; General Transportation Provisions” to the Chapter 1 heading.

CROSS REFERENCES

Public transportation, see 24 V.S.A. chapter 126.

ANNOTATIONS

Cited.

Cited in In re Shepard, 155 Vt. 356, 584 A.2d 421, 1990 Vt. LEXIS 241 (1990).

§ 1. Definitions.

As used in this title:

  1. “Agency” means the Agency of Transportation.
  2. “Board” means the Transportation Board.
  3. “Branch” means a major component of a division of a department or major unit of a department with staff functions.
  4. “Chair” means the Chair of the Transportation Board, unless otherwise specified.
  5. “Commissioner” means the Commissioner of Motor Vehicles responsible to the Secretary for the administration of the Department.
  6. “Department” means the Department of Motor Vehicles.
  7. “Develop” means the partition or division of any tract of land of any size by a person through sale, lease, transfer, or any other means by which any interest in or to the land or a portion of the land is conveyed to another person that will require the construction of permanent new or enlarged points of access to a State or town highway other than a limited access facility pursuant to subsection 1702a(a) of this title; excluding, however, tracts of land located entirely within a city or incorporated village.
  8. “Director” means the head of a division.
  9. “District” means a geographic subdivision of the State primarily established for maintenance purposes.
  10. “District transportation administrator” means the person in charge of a district.
  11. “Division” means a major unit of the Agency engaged in line functions other than the Department of Motor Vehicles.
  12. “Highways” are only such as are laid out in the manner prescribed by statute; or roads that have been constructed for public travel over land that has been conveyed to and accepted by a municipal corporation or to the State by deed of a fee or easement interest; or roads that have been dedicated to the public use and accepted by the city or town in which such roads are located; or such as may be from time to time laid out by the Agency or town. However, the lack of a certificate of completion of a State or town highway shall not alone constitute conclusive evidence that the highway is not public. The term “highway” includes rights-of-way, bridges, drainage structures, signs, guardrails, areas to accommodate utilities authorized by law to locate within highway limits, areas used to mitigate the environmental impacts of highway construction, vegetation, scenic enhancements, and structures. The term “highway” does not include State forest highways, management roads, easements, or rights-of-way owned by or under the control of the Agency of Natural Resources, the Department of Forests, Parks and Recreation, the Department of Fish and Wildlife, or the Department of Environmental Conservation.
  13. “Management road” means a road not designated as a “State forest highway” used for the long-term management of lands owned by or under the control of the Department of Forests, Parks and Recreation, the Department of Fish and Wildlife, or the Department of Environmental Conservation to meet the responsibilities and purposes set forth in 10 V.S.A. chapter 83, 10 V.S.A. part 4, and rules adopted under those statutes. The term “management road” includes associated easements and rights-of-way. A “management road” is not a “highway” or a “town highway” as defined in this title, is not a public road, and the public has no common law or statutory right of access or use of such a road. A “management road” may be open for temporary, seasonal uses by the public or may be closed temporarily or seasonally at the discretion of the Agency of Natural Resources, the Department of Forests, Parks and Recreation, the Department of Fish and Wildlife, or the Department of Environmental Conservation. A “management road” may be closed permanently upon 30 days’ notice to the governing body of the municipality in which the road is located and any affected user groups. Designation of a road as a “management road” shall not diminish any deeded rights-of-way or easements of private landowners on lands owned or controlled by the Agency of Natural Resources, the Department of Forests, Parks and Recreation, the Department of Fish and Wildlife, or the Department of Environmental Conservation.
  14. “Person” includes a municipality or State agency.
  15. “Scenic road” means any road designated pursuant to this title.
  16. “Secretary” means the head of the Agency who shall be a member of the Governor’s Cabinet responsible directly to the Governor for the administration of the Agency.
  17. “Section” means a major component of a division or department or major unit of the Agency.
  18. “Selectboard” includes village trustees and city councils.
  19. “State forest highway” means a road used for the long-term management of lands owned by or under the control of the Department of Forests, Parks and Recreation to meet the responsibilities and purposes set forth in 10 V.S.A. § 2601 et seq. and rules adopted under that statute. The term “State forest highway” includes easements and rights-of-way. A “State forest highway” is not a “highway” or a “town highway” as defined in this title, is not a public road, and the public has no common law or statutory right of access or use of such road. A “State forest highway” may be open for temporary, seasonal uses by the public or may be closed temporarily or seasonally for any reason at the discretion of the Agency of Natural Resources or the Department of Forests, Parks and Recreation. A “State forest highway” may be closed permanently upon 30 days’ notice to the governing body of the municipality in which the road is located and to any affected user groups. Designation of a road as a “State forest highway” shall not diminish any deeded rights-of-way or easements of private landowners on lands owned or controlled by the Agency of Natural Resources or the Department of Forests, Parks and Recreation.
  20. “State highways” are those highways maintained exclusively by the Agency of Transportation.
  21. “Throughway” means a highway specially designated giving traffic traveling on the throughway the right of way at all intersections.
  22. “Town” includes incorporated villages and cities.
  23. “Town highways” are class 1, 2, 3, and 4 highways:
    1. that the towns have authority to exclusively or cooperatively maintain; or
    2. that are maintained by the towns except for scheduled surface maintenance performed by the Agency pursuant to section 306a of this title.
  24. “Traffic Committee” consists of the Secretary of Transportation or designee, the Commissioner of Motor Vehicles or designee, and the Commissioner of Public Safety or designee and is responsible for establishing speed zones, parking and no parking areas, rules for use of limited access highways, approval of the testing of automated vehicles as defined in 23 V.S.A. § 4202 on public highways, and other traffic control procedures.
  25. “Limited access highway” means a highway where the right of owners or occupants of abutting land or other persons to access, light, air, or view in connection with the highway is fully or partially controlled by public authority, in accordance with chapter 17 of this title. The term “highway” does not include State forest highways, management roads, easements, or rights-of-way owned by or under the control of the Agency of Natural Resources, the Department of Forests, Parks and Recreation, the Department of Fish and Wildlife, or the Department of Environmental Conservation.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61 , § 39, eff. June 3, 1993; 1995, No. 60 , § 39, eff. April 25, 1995; 1995, No. 183 (Adj. Sess.), §§ 18h, 18k, eff. May 22, 1996; 2003, No. 151 (Adj. Sess.), § 2, eff. June 3, 2004; 2009, No. 50 , § 88; 2011, No. 126 (Adj. Sess.), § 3; 2015, No. 97 (Adj. Sess.), § 52; 2019, No. 60 , § 17.

History

References in text.

Section 1702a of this title, referred to in subdiv. (7), does not exist. The intended reference may be section 1703 of this title.

Revision note

—2013. Before subdiv. (1), substituted “As used in” for “For the purposes of” to conform to V.S.A. style.

Amendments

—2019. Subdiv. (24): Deleted “his or her” preceding “designee” in three places and inserted “approval of the testing of automated vehicles as defined in 23 V.S.A. § 4202 on public highways,” preceding “and other traffic”.

—2015 (Adj. Sess.). Subdivs. (13) and (19): In the first sentence, substituted “rules adopted” for “rules promulgated”.

Subdiv. (24): Substituted “rules” for “regulations” preceding “for use of limited access highways”.

—2011 (Adj. Sess.) Subdiv. (12): Added the second sentence.

—2009. Subdiv. (5): Added “of the department” following “administration”.

Subdiv. (12): Added the last sentence.

Subdivs. (13) and (19): Added, and remaining subdivs. redesignated accordingly.

Subdiv. (25): Last sentence added.

—2003 Adj. Sess. Substituted “title” for “chapter”.

Subdiv. (22): Inserted “or his or her designee” following: “secretary of transportation”; “commissioner of motor vehicles”; and “commissioner of public safety”.

—1995 (Adj. Sess.) Subdiv. (22): Substituted “limited access” for “the interstate” preceding “highways.”

Subdiv. (23): Added.

—1995. Subdiv. (12): Substituted “agency” for “board” preceding “or town” at the end of the first sentence and inserted “areas to accommodate utilities authorized by law to locate within highway limits, areas used to mitigate the environmental impacts of highway construction” preceding “vegetation” in the second sentence.

—1993. Subdiv. (21): Added “and those highways maintained by the towns except for scheduled surface maintenance performed by the agency pursuant to section 306a of this title” at the end of the subdivision.

Prior law.

3 V.S.A. § 3101 ; 19 V.S.A. § 1 .

ANNOTATIONS

Public road or highway.

Because road in question was built by State over land it acquired to build a road for public use, road was a public road under common law. Okemo Mountain, Inc. v. Town of Ludlow, 171 Vt. 201, 762 A.2d 1219, 2000 Vt. LEXIS 174 (2000).

There is no distinction between “public road” and “highway” as they are commonly understood and defined; the definition of highway provided by subdiv. (12) is consistent with the plain meaning of “public road or highway,” a road over which the public has a right to pass and which the government has the obligation to maintain. Okemo Mountain, Inc. v. Town of Ludlow ZBA, 164 Vt. 447, 671 A.2d 1263, 1995 Vt. LEXIS 131 (1995).

Cited.

Cited in State v. Yorkey, 163 Vt. 355, 657 A.2d 1079, 1995 Vt. LEXIS 22 (1995).

§ 2. Composition of Agency.

  1. The Agency shall be composed of the following:
    1. the Department of Motor Vehicles;
    2. such divisions as the Secretary finds necessary to carry out the provisions of Titles 5 and 19, as well as any other duties imposed by law on the Agency or the Secretary; and
    3. all other boards, councils, committees, or components assigned to or created within the Agency.
  2. The following units are attached to the Agency for administrative support only:
    1. Traffic Committee;
    2. Travel Information Council; and
    3. all transportation and transit authorities established by law or executive order.
  3. The Agency shall administer the provisions of Titles 5, 19, and 23, other than those involving quasi-judicial or regulatory functions assigned to the Board.
  4. The Agency shall also administer other related provisions of law as may be made applicable by law or executive order and perform other functions as may be assigned to it by law or order.
  5. In addition to the authority and administrative jurisdiction set forth in subsection (c) of this section, the Agency shall have the authority and administrative jurisdiction to develop, promote, supervise, and support safe and adequate transportation services.
  6. There shall be a section within the Agency dedicated to assisting municipalities and regions in the development and implementation of locally managed transportation projects.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 121 , § 15; 1989, No. 246 (Adj. Sess.), § 3; 1991, No. 175 (Adj. Sess.), § 6, eff. May 15, 1992; 1993, No. 61 , § 8, eff. June 3, 1993; 1995, No. 60 , § 18, eff. April 25, 1995; 1995, No. 183 (Adj. Sess.), § 18b, eff. May 22, 1996; 1997, No. 38 , § 6c, eff. May 28, 1997.

History

Amendments

—1997. Subsec. (f): Added.

—1995 (Adj. Sess.) Subdiv. (a)(2): Inserted “and” following “Titles 5” and deleted “and those of Title 30 relating to railroads” preceding “as well as.”

—1995. Subsec. (c): Substituted “5, 19 and 23” for “5, 19, 23 and 30 relating to railroads” preceding “other”.

—1993. Subsec. (b): Added a new subdiv. (2) and redesignated former subdiv. (2) as subdiv. (3).

—1991 (Adj. Sess.). Subsec. (a): Rewrote subdiv. (2), deleted former subdiv. (3) and redesignated former subdiv. (4) as new subdiv. (3).

—1989 (Adj. Sess.). Subsec. (c): Deleted “and” preceding “23” and added “and 30 relating to railroads, other than those involving quasijudicial or regulatory functions assigned to the board” thereafter.

—1989. Subsec. (a): Deleted former subdiv. (2), redesignated former subdiv. (3) as subdiv. (2), added a new subdiv. (3), deleted former subdivs. (4) and (5), and redesignated former subdiv. (6) as subdiv. (4).

Subsec. (b): Deleted former subdiv. (1) and redesignated former subdivs. (2) and (3) as subdivs. (1) and (2), respectively.

Transfer of functions, powers, duties, etc., of Lake Champlain bridge commission to New York transportation department and Vermont transportation agency—Generally. 1987, No. 59 , § 3, provides for the transfer of functions, powers, rights, duties, and obligations of the Lake Champlain bridge commission to the New York department of transportation and the Vermont agency of transportation.

—Records, property and jurisdiction. 1987, No. 59 , § 5, provides for the transfer of all books, papers, records, personal property, and jurisdiction of the Lake Champlain bridge commission and the transfer of all interests in real property owned by that entity to the New York commissioner of transportation and Vermont agency of transportation.

—Assets, liabilities, and outstanding obligations. 1987, No. 59 , § 6, provides for the transfer of the control of all assets and the satisfaction of outstanding obligations incurred by the Lake Champlain bridge commission to the New York transportation department and Vermont transportation agency, which shall perform those functions in the same manner and under the same terms as if those functions were controlled, conducted, or commenced by the Lake Champlain bridge commission.

1987, No. 59 , § 11, provides that the assets of the Lake Champlain bridge commission shall be vested in the states of New York and Vermont and assigned for use by the transportation department and transportation agency, respectively, of each state for the construction, reconstruction, improvement, demolition, operation, or maintenance of the old or new Rouses Point bridge or Lake Champlain bridge.

—Vouchers for liabilities and expenses of commission. 1987, No. 59 , § 9, provides that the liabilities, payments of expenses of personal service, maintenance and operation incurred by the Lake Champlain bridge commission relating to the functions transferred pursuant to Act No. 59 shall be made on vouchers approved by the Vermont transportation secretary.

—Limitation on functions, powers, and duties of commission prior to transfers. 1987, No. 59 , § 10, provides that the Lake Champlain bridge commission shall obtain the consent of the New York transportation department and Vermont transportation agency prior to hiring or increasing compensation of personnel, entering into lease or sale agreements and certain contracts, issuing debt obligations, and incurring extraordinary expenses for administration, operation, or maintenance.

—Effect on pending actions or proceedings. 1987, No. 59 , § 8, provides that Act No. 59 shall not affect existing rights or remedies of any character or pending actions or proceedings brought by or against the Lake Champlain bridge commission. Section 8 of Act No. 59 further provides that actions and proceedings involving the state of New York shall be brought in the court of claims in that state in the name of the commissioner or department of transportation and actions and proceedings involving the state of Vermont shall be brought in the courts of Vermont in the name of the transportation secretary. Pursuant to 1987, No. 59 , § 8, upon application to the court, the New York transportation department or Vermont transportation agency shall be substituted as a party in such actions or proceedings.

—Effect on existing rules and decisions. 1987, No. 59 , § 7, provides that all rules, acts, determinations, and decisions of the Lake Champlain bridge commission in effect at the time of the transfers authorized by Act No. 59 shall continue in full effect as the rules, acts, determinations, and decisions of the New York transportation department and Vermont transportation agency until modified or terminated by the administrators of those entities.

—Agreement for implementation of transfers. 1987, No. 59 , §§ 3, 5, 6, 9 and 11, provide that performance of the former functions, powers, and duties of the Lake Champlain bridge commission by the New York transportation department and Vermont transportation agency shall be made in accordance with an agreement entered into by the New York transportation department and Vermont transportation agency.

1987, No. 59 , § 13, authorizes the Vermont transportation agency to enter into any agreements with the New York transportation department for implementation of the transfer authorized by Act No. 59.

—Personnel. 1987, No. 59 , § 4, authorizes the state of Vermont to make available positions for persons who were Vermont residents and employed by the Lake Champlain bridge commission on Dec. 6, 1984. Pursuant to 1987, No. 59 , § 4, positions created under the act shall be included in the Vermont classification plan of state employees subject to the provisions of 3 V.S.A. chapter 13. Persons employed under the provisions of 1987, No. 59, § 4, shall become members of the Vermont state retirement system and former service with the Lake Champlain bridge commission shall be included only for purposes of determining benefit eligibility under the Vermont retirement system and not for the amount of benefits to be received. See 1987, No. 59, § 4(c). 1987, No. 59, § 4(d), provides that subsecs. (a)-(c) of section 4 of the act shall not affect current benefits or privileges negotiated pursuant to 3 V.S.A. chapter 13.

—Audits of existing accounts of commission. 1987, No. 59 , § 14, provides that the state of Vermont shall have the authority to audit the accounts of the Lake Champlain bridge commission.

Prior law.

3 V.S.A. § 3102(b) , (c).

CROSS REFERENCES

Agency of Transportation created, see 3 V.S.A. § 3102 .

Mass transit authorities, see 24 V.S.A. chapter 127.

§ 3. Transportation Board; creation; members.

A transportation board is formed to be attached to the Agency of Transportation. There shall be seven members of the Board, appointed by the Governor with the advice and consent of the Senate. The Governor shall so far as is possible appoint Board members whose interests and expertise lie in various areas of the transportation field. The Governor shall appoint the chair. The members of the Board shall be appointed for terms of three years. Board members may be appointed for two additional three-year terms but shall not be eligible for further reappointment. No more than four members of the Board shall belong to the same political party. No member of the Board shall:

  1. Have an ownership interest in or be employed by a manufacturer, factory branch, distributor, or distributor branch as defined in 9 V.S.A. chapter 108.
  2. Have an ownership interest in or be a new motor vehicle dealer or an employee of a new motor vehicle dealer as defined in 9 V.S.A. chapter 108.
  3. Be employed by an association of motor vehicle dealers, manufacturers, or distributors as defined in 9 V.S.A. chapter 108.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 144 (Adj. Sess.), § 22; 2009, No. 57 , § 2.

History

Amendments

—2009. Added “No member of the board shall:” at the end of the introductory paragraph and added subdivs. (1)-(3).

—1997 (Adj. Sess.). In the fourth sentence, substituted “chair” for “chairman”; in the fifth sentence, substituted “three” for “six” and deleted the remainder of the sentence following “years”; and added the next-to-last sentence.

Prior law.

3 V.S.A. § 3103 .

§ 4. Transportation Board; meetings; quorum; compensation.

The Board shall hold meetings as may be required for the performance of its duties and shall meet at such times and places as may be designated by the Chair. The Chair shall call a meeting upon the written request of the Governor or the written request of two Board members. A majority of the Board shall constitute a quorum. The members of the Board shall receive a per diem as provided by Title 32 for the time actually spent in work authorized by the Board and shall be reimbursed for necessary expenses while away from home.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “Chair” for “chairman” twice in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Revision note—. In the beginning of the section heading, inserted “Transportation board;” to conform with V.S.A. style.

Prior law.

19 V.S.A. § 3 .

CROSS REFERENCES

Per diem allowance, see 32 V.S.A. § 1010 .

§ 5. Transportation Board; powers and duties.

  1. The regulatory and quasi-judicial functions relating to transportation shall be vested in the Board, except that the duties and responsibilities of the Commissioner of Motor Vehicles in Titles 23 and 32, including all quasi-judicial powers, shall continue to be vested in the Commissioner.
    1. Except as otherwise authorized by law, the Board is the sole authority responsible for naming transportation facilities owned, controlled, or maintained by the State, including highways and the bridges thereon, airports, rail facilities, rest areas, and welcome centers. The Board shall exercise its naming authority only upon petition of the legislative body of a municipality of the State, of the head of an Executive Branch agency or department of the State, or of 50 Vermont residents. (b) (1) Except as otherwise authorized by law, the Board is the sole authority responsible for naming transportation facilities owned, controlled, or maintained by the State, including highways and the bridges thereon, airports, rail facilities, rest areas, and welcome centers. The Board shall exercise its naming authority only upon petition of the legislative body of a municipality of the State, of the head of an Executive Branch agency or department of the State, or of 50 Vermont residents.
    2. The Board shall hold a public hearing for each facility requested to be named. The Board shall adopt rules governing notice and conduct of hearings, the standards to be applied in rendering decisions under this subsection, and any other matter necessary for the just disposition of naming requests. The Board shall issue a decision, which shall be subject to review on the record by a Superior Court pursuant to Rule 74 of the Vermont Rules of Civil Procedure. The Board may delegate the responsibility to hold a hearing to a hearing officer or a single Board member, subject to the procedure of subsection (c) of this section, but shall not be bound by 3 V.S.A. chapter 25 in carrying out its duties under this subsection.
  2. The Board may delegate the responsibility to hear quasi-judicial matters, and other matters as it may deem appropriate, to a hearing examiner or a single Board member, to hear a case and make findings in accordance with 3 V.S.A. chapter 25, except that highway condemnation proceedings shall be conducted pursuant to the provisions of chapter 5 of this title. A hearing examiner or single Board member so appointed shall report the findings of fact in writing to the Board. Any order resulting from those findings shall be rendered only by a majority of the Board. Final orders of the Board issued pursuant to section 20 of this title may be reviewed on the record by a Superior Court pursuant to Rule 74 of the Vermont Rules of Civil Procedure. All other final orders of the Board may be reviewed on the record by the Supreme Court.
  3. The Board shall:
    1. hear appeals from Agency decisions and rulings regarding measurement, description, or reclassification of town highways pursuant to section 305 of this title;
    2. hear and determine small claims pursuant to section 20 of this title;
    3. provide appellate review, when requested in writing, of decisions of the Secretary of Transportation when he or she assumes the powers and duties of a selectboard in highway matters in unorganized towns and gores pursuant to section 16 of this title;
    4. provide appellate review, when requested in writing, regarding legal disputes in the execution of contracts awarded by the Agency or by municipalities cooperating with the Agency to advance projects in the State’s Transportation Program;
    5. provide appellate review, when requested in writing, of decisions of the Secretary in administering the provisions of Title 24, relating to junkyards;
    6. provide appellate review when requested in writing, regarding the fairness of rents and fees charged for the occupancy or use of State-owned properties administered by the Agency;
    7. provide appellate review, when requested in writing, of Agency decisions and rulings regarding private and commercial access to State highway rights-of-way pursuant to the permit process established in section 1111 of this title;
    8. in coordination with the Agency, hold public hearings for the purpose of obtaining public comment on the development of State transportation policy, the mission of the Agency, and State transportation planning, capital programming, and program implementation;
    9. hear and determine disputes involving the decision of a selectboard under subdivision 302(a)(3)(B) or subsection 310(a) of this title not to plow and make negotiable a class 2 or 3 town highway or section of a highway during the winter or involving discontinuances of class 3 or 4 town highways extending into adjacent towns under the provisions of subsection 771(c) of this title;
    10. when requested by the Secretary, conduct public hearings on matters of public interest, after which it shall transmit its findings and recommendations to the Secretary and the Chairs of the Senate and House Committees on Transportation in a report that shall be a public document;
    11. enforce all provisions and hear and determine all disputes arising out of 9 V.S.A. chapter 108, the Motor Vehicle Manufacturers, Distributors, and Dealers Franchising Practices Act;
    12. maintain the accounting functions for the duties imposed by 9 V.S.A. chapter 108 separately from the accounting functions relating to its other duties;
    13. hear and determine disputes involving a determination of the Agency under section 309c of this title that the municipality is responsible for repayment of federal funds required by the Federal Highway Administration.
  4. Suitable offices and office equipment shall be provided by the State for the Board at Montpelier.  The Board may employ clerical or other employees and assistants whom it deems necessary in the performance of its duties and in the investigation of matters within its jurisdiction.
  5. The Board shall have the power to determine and adjudicate all matters over which it is given jurisdiction.  It may render judgments and make orders and decrees.  Whenever the Board is sitting in a quasi-judicial capacity, it may issue subpoenas for the testimony of witnesses or the production of evidence. The fees for travel and attendance of witnesses shall be the same as for witnesses and officers appearing before a Civil Division of the Superior Court.
  6. From time to time, the Board may report to the General Assembly with suggestions of amendment to existing law or of new legislation as it deems necessary and any information concerning the companies, matters, and things under the jurisdiction of the Board and Agency that, in its opinion, will be of interest to the General Assembly.
  7. Unless otherwise provided by law, when an appeal is allowed from the Agency to the Board, the appeal shall be taken by filing a notice of appeal with the Secretary within 30 days of the date of the Agency decision from which the appeal is taken. The Secretary shall promptly forward the notice of appeal to the Board, together with the Agency’s record of decision.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 121 , § 20a; 1989, No. 246 (Adj. Sess.), § 4; 1993, No. 172 (Adj. Sess.), § 13; 1997, No. 144 (Adj. Sess.), § 24; 1999, No. 156 (Adj. Sess.), § 31, eff. May 29, 2000; 2001, No. 64 , § 11, eff. June 16, 2001; 2005, No. 178 (Adj. Sess.), § 8; 2007, No. 75 , § 36; 2009, No. 57 , § 3; 2009, No. 123 (Adj. Sess.), §§ 27, 29; 2009, No. 154 (Adj. Sess.), § 238; 2015, No. 40 , § 27, eff. March 1, 2016; 2015, No. 167 (Adj. Sess.), § 6; 2021, No. 20 , § 75.

History

References in text.

The Federal Highway Administration, referred to in subdiv. (d)(13), is codified as 49 U.S.C. § 104.

Revision note—

In the first sentence of subsec. (c), substituted “chapter 5 of this title” for “chapter 5 of Title 19” to conform reference to V.S.A. style.

Amendments

—2021. Subsec. (c): Substituted “the” for “his or her” preceding “findings” in the second sentence and “from those findings” for “therefrom” in the third sentence.

—2015 (Adj. Sess.). Subsec. (c): Inserted “issued pursuant to section 20 of this title” in the fourth sentence and added the fifth sentence.

—2015. Section amended generally.

—2009 (Adj. Sess.) Act No. 123 added “awarded by the agency or by municipalities cooperating with the agency to advance projects in the state’s transportation program;” in subdiv. (d)(4), and added subdiv. (d)(13).

Act No. 154 substituted “criminal division of the superior court” for “district court” in subsec. (f).

—2009. Subsec. (d): Added subdivs. (11) and (12).

—2007. Subsec. (d): Added present subdiv. (7) and redesignated former subdivs. (7)-(9) as present subdivs. (8)-(10).

—2005 (Adj. Sess.). Subdiv. (d)(8): Added “or involving discontinuances of class 3 or 4 town highways extending into adjacent towns under the provisions of subsection 771(c) of this title” following “during the winter”.

—2001. Subsec. (d): Deleted “and” from the end of subdiv. (7), made a minor change in punctuation and added “and” at the end of subdiv. (8), and added subdiv. (9).

—1999 (Adj. Sess.). Deleted “and” at the end of subdiv. (d)(6), added “and” at the end of subdiv. (d)(7), and added subdiv. (d)(8).

—1997 (Adj. Sess.). Subsec. (c): Substituted “reviewed on the record by the” for “appealed to a” preceding “superior court” and added “pursuant to Rule 74 of the Vermont Rules of Civil Procedure” thereafter.

Subsec. (d): Deleted “and” at the end of subdiv. (4), added new subdiv. (6), and redesignated former subdiv. (6) as subdiv (7).

Subsec. (h): Added.

—1993 (Adj. Sess.). Subdiv. (d)(2): Substituted “hear and determine” for “settle” preceding “small claims”.

Subdiv. (d)(3): Substituted “provide appellate review, when requested in writing, of decisions of the secretary of transportation when he or she assumes” for “assume” preceding “the powers” and “selectboard” for “board of selectmen” preceding “in highway matters”.

Subdiv. (d)(5): Amended generally.

Subsec. (g): Amended generally.

—1989 (Adj. Sess.). Subsec. (a): Deleted “policy-making” preceding “regulatory”.

Subsec. (b): Substituted “and Title 32” for “with regard to the suspension and revocation of licenses” following “Title 23”.

Subsec. (d): Amended generally.

—1989. Subdiv. (d)(6): Substituted “make recommendations to the general assembly” for “approve requests” preceding “to add” and deleted “and promulgate rules needed to administer this program” following “system”.

Prior law.

3 V.S.A. § 3104 ; 19 V.S.A. § 4 .

CROSS REFERENCES

Duties related to aeronautics and surface transportation, see 5 V.S.A. Chapter 1.

Construction with other laws.

Exhaustion of remedies.

Jurisdiction of Board.

Standing.

Trial de novo.

Construction with other laws.

Specific provision at 23 V.S.A. § 3111 vests in the Commissioner of Motor Vehicles the power to make gasoline tax assessments, notwithstanding more general provision in subsec. (b) of this section giving Transportation Board quasi-judicial functions relating to transportation. In re Kelscot, Ltd., 152 Vt. 579, 568 A.2d 378, 1989 Vt. LEXIS 214 (1989).

Exhaustion of remedies.

Transportation Board is empowered to require development of the record, and it must apply a de novo, nondeferential standard of review to the Vermont Agency of Transportation’s dispute-resolution decisions under the Agency’s administrative-claims process. Given these due process protections, there was no basis to allow a construction company to avoid that legislatively authorized administrative review and have its contract dispute reviewed initially in the Superior Court instead of exhausting its administrative remedies. Luck Bros. v. Agency of Transp., 2014 VT 59, 196 Vt. 584, 99 A.3d 997, 2014 Vt. LEXIS 64 (2014).

Jurisdiction of Board.

Breach of contract claims fall within the jurisdiction of the Transportation Board. Earth Construction, Inc. v. State of Vermont Agency of Transportation, 2005 VT 82, 178 Vt. 620, 882 A.2d 1172, 2005 Vt. LEXIS 176 (2005) (mem.).

Standing.

The plain language of the statute governing the powers and duties of the Transportation Board does not limit who may appeal a decision of the Board. Liberally construing this provision, the statute allows, with limited exception, any party properly before the Board, including the Agency of Transportation, to appeal to the Supreme Court. W.M. Schultz Constr., Inc. v. Vt. Agency of Transp., 2018 VT 130, 209 Vt. 146, 203 A.3d 1205, 2018 Vt. LEXIS 217 (2018).

Trial de novo.

In a condemnation trial in Superior Court, the proceeding was de novo, as statutorily required, even though the condemnor put into evidence records of proceedings before the zoning board and relied upon them in support of some of its proposed findings of fact. The records were admitted without objection, and thus were available for the court’s use. Rossetti v. Chittenden County Transportation Authority, 165 Vt. 61, 674 A.2d 1284, 1996 Vt. LEXIS 6 (1996).

Annotations From Former 3 V.S.A. § 3104 ; 19 V.S.A. § 4

Appeals from orders.

Before it can be a final, appealable order under subsec. (c) of this section, a board order must dispose of all matters that should or could properly be settled at the time and in the proceeding then before the board. In re Central Vermont Railway, 148 Vt. 177, 530 A.2d 579, 1987 Vt. LEXIS 466 (1987). (Decided under former 3 V.S.A. § 3104 .) .

Where Transportation Board order allocating annual maintenance costs of signal light at railroad grade crossing equally between town and railroad directed the parties to agree on a computation of the annual maintenance costs to be used as a base for the allocation and provided that if the board did not receive the agreement for approval by a specified time the board would compute the annual maintenance costs, since the ultimate issue litigated by the parties was whether the actual amount they would be required to contribute toward maintenance of the crossing was “just and equitable,” as required by 30 V.S.A. § 1379 , in the absence of an established annual maintenance cost figure, the Board’s order was not a final appealable order under subsec. (c) of this section. In re Central Vermont Railway, 148 Vt. 177, 530 A.2d 579, 1987 Vt. LEXIS 466 (1987). (Decided under former 3 V.S.A. § 3104 .) .

Appeal could be taken to the Superior Court from a final order of the Board in view of the provisions of subsec. (c) of the section and 3 V.S.A. § 815 , providing for administrative appeals to the Supreme Court unless otherwise expressly provided by law. Noble v. Delaware & Hudson Railway, 139 Vt. 47, 421 A.2d 1301, 1980 Vt. LEXIS 1393 (1980). (Decided under former 3 V.S.A. § 3104 .) .

Rendition of orders.

Under subsec. (c), providing that any order following an administrative board’s hearing was to be rendered only by a majority of the board, an order signed by four board members on April 19, April 20 and May 3, respectively, did not become effective until April 29, when the third member signed it. Noble v. Delaware & Hudson Railway, 139 Vt. 47, 421 A.2d 1301, 1980 Vt. LEXIS 1393 (1980) (Decided under former 3 V.S.A. § 3104 ).

§ 5a. Executive Secretary.

  1. The Board shall appoint an Executive Secretary, who shall serve during its pleasure.  The Board members and Executive Secretary shall be sworn to the faithful discharge of the duties of their offices.
  2. The Executive Secretary shall have general charge of the office of the Board, keep a full record of its proceedings, file and preserve at its office or in public records all documents and papers entrusted to his or her care, prepare those papers and notices as may be required of him or her by the Board, and perform other duties that the Board may prescribe.  The Executive Secretary shall have power, under the direction of the Board, to issue subpoenas for witnesses and to administer oaths in all cases before the Board or pertaining to the duties of the office.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 5 .

§ 5b. Conflicts of interest.

  1. A person in the employ of or holding any official relation to any company subject to the supervision of the Board or the Agency, or engaged in the management of a company that is subject to the supervision of the Board or Agency, or owning stock, bonds, or other securities in the company, or who is in any manner connected with the operation of a company that is subject to the supervision of the Board or Agency in this State, shall not be a member or Executive Secretary of the Board or Secretary of Transportation.
  2. No person holding the office of member, Executive Secretary of the Board, or Secretary of Transportation, either personally or in connection with a partner or agent, may:
    1. render professional service for or against or make or perform any business contract with any company subject to Board or Agency supervision, relating to the business of the company, except contracts made with them as common carriers or in the regular course of public service; or
    2. directly or indirectly receive from a company subject to Board or Agency supervision any commission, present, or reward.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

§ 6. Other boards, commissions, councils, and committees.

  1. All other boards, commissions, councils, and committees that under this chapter are a part of the Agency shall be advisory only.
  2. The Transportation Board is successor to the Public Service Board, the Highway Board, and the Aeronautics Board in the regulatory and quasi-judicial functions related to transportation.  It may enforce all orders of those boards that remain in effect.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 5.

History

Amendments

—1989 (Adj. Sess.). Subsec. (b): Substituted “the regulatory and quasi-judicial functions” for “all matters” preceding “related” in the first sentence.

Prior law.

3 V.S.A. § 3105 .

§ 7. Secretary; powers and duties.

  1. The Agency shall be under the direction and supervision of a Secretary, who shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the pleasure of the Governor.
  2. The Secretary shall be responsible to the Governor and shall plan, coordinate, and direct the functions vested in the Agency in accord with the transportation policies established under this title.
  3. The Secretary may, with the approval of the Governor, transfer classified positions between the Department, divisions, and other components of the Agency, subject only to personnel laws and rules.
  4. The Secretary shall determine the administrative, operational, and functional policies of the Agency and be accountable to the Governor for these determinations. The Secretary shall exercise the powers and shall perform the duties required for the Agency’s effective administration.
  5. In addition to other duties imposed by law, the Secretary shall:
    1. administer the laws assigned to the Agency;
    2. coordinate and integrate the work of the Agency;
    3. supervise and control all staff functions; and
    4. whenever the Agency is developing preliminary plans for a new or replacement maintenance facility or salt shed, first conduct a review of all previously developed building plans and give priority to utilizing a common, uniform, and preexisting design.
  6. The Secretary may, within the authority of relevant State and federal statutes and regulations:
    1. Transfer appropriations or parts of appropriations within or between the Department, divisions, and sections.
    2. Cooperate with the appropriate federal agencies and receive federal funds in support of programs within the Agency.
    3. Submit plans and reports, and in other respects comply with federal laws and regulations that pertain to programs administered by the Agency.
    4. Make rules consistent with the law for the internal administration of the Agency and its programs.
    5. Create advisory councils or committees as he or she deems necessary within the Agency and appoint the members for a term not exceeding his or hers. Councils or committees created pursuant to this subdivision may include persons who are not officers or employees of the Agency.
    6. Provide training and instruction for employees of the Agency at the expense of the Agency, and provide training and instruction for employees of Vermont municipalities. Where appropriate, the Secretary may provide training and instruction for municipal employees at the expense of the Agency.
    7. Organize, reorganize, transfer, or abolish sections and staff function sections within the Agency; except however, the Secretary may not alter the number of highway districts without legislative approval.
    8. [Repealed.]
  7. Any and all functions and duties required by law, rules, or policy to be performed by the Secretary or the Agency may be delegated by him or her to any person or component of the Agency that the Secretary deems appropriate.
  8. The Secretary, with the approval of the Governor, may appoint, outside the classified service, a Deputy Secretary to serve at his or her pleasure and to perform such duties as the Secretary may prescribe.  The appointment shall be in writing and recorded in the Office of the Secretary of State.  The Deputy Secretary shall discharge the duties and responsibilities of the Secretary in the Secretary’s absence. In case a vacancy occurs in the Office of the Secretary, the Deputy shall assume and discharge the duties of office until the vacancy is filled.
  9. The Secretary shall assume the powers and duties of a selectboard in highway matters in unorganized towns and gores pursuant to section 16 of this title.
  10. The Secretary may, after consulting with the Secretary of Natural Resources, adopt rules governing public access to and use of environmental mitigation sites administered by the Agency of Transportation. Signs indicating the rules shall be conspicuously posted in or near all areas affected. Any person who violates these rules shall be subject to a penalty of not more than $300.00.
  11. Upon being apprised of the enactment of a federal law that makes provision for a federal earmark or the award of a discretionary federal grant for a transportation project within the State of Vermont, the Agency shall promptly notify the members of the House and Senate Committees on Transportation and the Joint Fiscal Office. Such notification shall include all available summary information regarding the terms and conditions of the federal earmark or grant. As used in this section, “federal earmark” means a congressional designation of federal aid funds for a specific transportation project or program. When the General Assembly is not in session, upon obtaining the approval of the Joint Transportation Oversight Committee, the Agency is authorized to add new projects to the Transportation Program in order to secure the benefits of federal earmarks or discretionary grants.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1987, No. 146 (Adj. Sess.), eff. April 13, 1988; 1989, No. 246 (Adj. Sess.), §§ 6, 49; 1993, No. 172 (Adj. Sess.), §§ 14, 15; 1995, No. 60 , § 19, eff. April 25, 1995; 1999, No. 156 (Adj. Sess.), § 16, eff. May 29, 2000; 2001, No. 64 , § 20, eff. June 16, 2001; 2001, No. 141 (Adj. Sess.), § 44; 2005, No. 175 (Adj. Sess.), § 23; 2013, No. 12 , § 19; 2013, No. 167 (Adj. Sess.), § 16; 2015, No. 40 , § 16; 2021, No. 20 , § 76.

History

Revision note—

In the section heading, deleted “compensation” following “duties” to conform with the text of the section.

Amendments

—2021. Subdiv. (e)(4): Added “and” preceding “preexisting” at the end of the subdiv.

—2015. Subsec. (b): Substituted “under this title” for “by the Agency under section 10b of this title”.

Subsec. (f): Moved “within the authority of relevant State and federal statutes and regulations” from subdiv. (1) to the introductory paragraph.

Subdiv. (f)(6): Added “and provide training and instruction for employees of Vermont municipalities” to the end of the first sentence and added the second sentence.

Subdiv. (f)(8): Substituted “[Repealed.]” for “[Deleted.]”.

—2013 (Adj. Sess.). Subsec. (k): Inserted “or the award of a discretionary federal grant” following “federal earmark” in the first sentence, “or grant” following “federal earmark” at the end of the second sentence, and “or discretionary grants” at the end of the last sentence and substituted “As used in” for “For purposes of” at the beginning of the third sentence.

—2013. Subdiv. (f)(8): Deleted.

—2005 (Adj. Sess.). Subsec. (k): Substituted “house and senate committees on transportation” for “House and Senate Transportation Committees” in the first sentence, and added the last sentence.

—2001 (Adj. Sess.) Subsec. (k): Added.

—2001. Subsec. (e): In subdiv. (2), deleted “and” from the end; in subdiv. (3), made a minor change in punctuation and added “and” at the end; and added subdiv. (4).

—1999 (Adj. Sess.). Subsec. (j): Added.

—1995. Subdiv. (f)(5): Added the second sentence.

—1993 (Adj. Sess.) Subdiv. (f)(6): Deleted “and” at the end.

Subdiv. (f)(7): Added “and” following “approval”.

Subdiv. (f)(8): Added.

Subsec. (i): Added.

—1989 (Adj. Sess.) Subsec. (b): Substituted “agency under section 10b” for “board” following “established by the”.

Subsec. (h): Substituted “a deputy secretary” for “an executive assistant” following “service” in the first sentence and added the second through fourth sentences.

—1987 (Adj. Sess.) Subdiv. (f)(7): Added “except however, the secretary may not alter the number of highway districts without legislative approval” following “agency”.

Prior law.

3 V.S.A. § 3106 .

CROSS REFERENCES

Procedure for adoption of administrative rules, see 3 V.S.A. chapter 25.

Municipal regulation of salvage yards, see 24 V.S.A. chapter 61, subchapter 10.

§ 7a. Hearing before Secretary.

  1. In the administration of the laws relating to highways, the Secretary may conduct hearings, subpoena witnesses, administer oaths, and take testimony. He or she may also cause depositions to be taken and order the production of books, papers, and records relating to the matter under investigation. The fees for travel and attendance of witnesses and fees for officers shall be the same as for witnesses and officers before a Civil Division of the Superior Court and shall be paid by the State upon presentation of proper bills of cost to the Commissioner of Finance and Management. The fees of witnesses summoned or used by the petitioner shall be paid by him or her. The Secretary may appoint a hearing examiner to conduct hearings.
  2. A person aggrieved by the decision of a hearing under subsection (a) of this section may have the decision reviewed on the record by the Superior Court pursuant to Rule 74 of the Vermont Rules of Civil Procedure unless otherwise specifically provided by law.

HISTORY: Added 1993, No. 61 , § 9, eff. June 3, 1993; amended 2009, No. 154 (Adj. Sess.), § 238.

History

Revision note

—2010. In subsec. (a), substituted “civil division” for “criminal division” to correct an error in the court division reference.

Amendments

—2009 (Adj. Sess.) Substituted “criminal division of the superior court” for “district court” in the third sentence of subsec. (a).

§ 8. Commissioner of Motor Vehicles; appointment; duties and powers.

  1. The Secretary shall, with the approval of the Governor and with the advice and consent of the Senate, appoint a Commissioner of Motor Vehicles who shall administer the Department of Motor Vehicles and shall serve at the pleasure of the Secretary.  The term of a Commissioner shall be concurrent with that of the Secretary.
  2. The Commissioner shall, notwithstanding any other provisions of this chapter, have all the duties and responsibilities of the Commissioner of Motor Vehicles in Title 23 with regard to the suspension and revocation of licenses and all other quasi-judicial duties assigned in that title.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

3 V.S.A. § 3107 .

CROSS REFERENCES

Department of Motor Vehicles generally, see 23 V.S.A. chapter 3.

§ 9. Divisions; general provisions.

  1. A director shall administer each division created within the Agency. The Secretary shall appoint the directors, who shall be exempt from the classified service. The Director of the Highway Division shall be licensed as a professional engineer.
  2. The Secretary, Deputy Secretary, Commissioner, Deputy Commissioner, attorneys, and all members of the boards, committees, commissions, or councils that are attached to the Agency for support are exempt from the classified State service. Except as authorized by 3 V.S.A. § 311 or otherwise by law, all other positions shall be within the classified service.
  3. A director, with the approval of the Secretary, may appoint an assistant from existing staff.
  4. No rule or regulation may be issued by a director of a division without the approval of the Secretary or designee.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 210 (Adj. Sess.), § 238b; 1993, No. 227 (Adj. Sess.), § 13, eff. June 17, 1994; 2015, No. 40 , § 19.

History

Revision note—

In the first sentence of subsec. (b), substituted “agency” for “department” to conform with the remainder of the section.

Amendments

—2015. Subsec. (a): Added the third sentence.

—1993 (Adj. Sess.). Subsec. (a): Added “who shall be exempt from the classified service” following “directors” in the second sentence.

Subsec. (b): Substituted “deputy secretary, commissioner, deputy commissioner, attorneys” for “commissioner” preceding “and all members” in the first sentence, deleted the former second sentence, and added “except as authorized by 3 V.S.A. § 311 or otherwise by law” preceding “all other” in the present second sentence.

Prior law.

3 V.S.A. § 3108 .

CROSS REFERENCES

Classification of State personnel, see 3 V.S.A. chapter 13.

Procedure for adoption of administrative rules, see 3 V.S.A. chapter 25.

§ 10. Duties.

The Agency shall, except where otherwise specifically provided by law:

  1. Award contracts on terms as it deems to be in the best interests of the State for the construction, repair, or maintenance of transportation related facilities; for the use of any machinery or equipment either with or without operators or drivers; for the operation, repair, maintenance, or storage of any State-owned machinery or equipment; for professional engineering services, inspection of work or materials, diving services, mapping services, photographic services, including aerial photography or surveys, and any other services, with or without equipment, in connection with the planning, construction, and maintenance of transportation facilities. Persons rendering these services shall not be within the classified service, and the services shall not entitle the provider to rights under any State retirement system. Notwithstanding 3 V.S.A. chapter 13, the Agency may contract for services also provided by individuals in the classified service, either at present or at some time in the past. The solicitation and award of contracts by the Agency shall follow procurement standards approved by the Secretary of Administration as well as applicable federal laws and regulations.
  2. Control and direct the use and expenditures of all monies appropriated by the State for transportation purposes and prepare and use a budget for these expenditures.
  3. Exercise general supervision of all transportation functions, have the right to direct traffic on all State highways that are under construction and maintenance, and may close all or any part of a State highway that is under construction or repair. The Agency shall maintain detours comprising State or town highways, or both, around planned closures of State highways in excess of 72 hours. If the Agency maintains a detour on a town highway it shall be responsible for repairing any damage to the town highway caused by the detoured traffic.
  4. Cause necessary surveys, maps, plans, specifications, and estimates to be made for the improvement, construction, and maintenance of transportation facilities.
  5. Furnish technical and engineering assistance when requested, at cost, if available, to the various municipalities of the State.
  6. Advise town officers as to the construction, improvement, and maintenance of town highways, when requested.
  7. Erect and maintain appropriate traffic control devices on State highways.
  8. Require any contractor or contractors employed in any project of the Agency for construction of a transportation improvement to file in the office of the Secretary a good and sufficient surety bond to the State of Vermont, executed by a surety company authorized to transact business in this State in such sum as the Agency shall direct, conditioned for the compliance by the contractor or contractors and their agents and servants, with all matters and things set forth and specified to be by the principal kept, done, and performed at the time and in the manner in the contract between the Agency and the contractor or contractors specified and to pay over, make good, and reimburse the State of Vermont for all loss or losses and damage or damages that the State of Vermont may sustain by reason of failure or default on the part of the contractor or contractors. The Agency is authorized to require any other condition in the bond that may from time to time be necessary.  The Secretary at his or her discretion as to the best interest of the State, may accept other good and sufficient surety in lieu of a bond and, in cases involving contracts for $100,000.00 or less, may waive the requirement of a performance bond.
  9. Require any contractor or contractors employed in any project of the Agency for construction of a transportation improvement to file an additional surety bond to the Secretary and the Secretary’s successor in office, for the benefit of labor, materialmen, and others, executed by a surety company authorized to transact business in this State, in such sum as the Agency shall direct, conditioned for the payment, settlement, liquidation, and discharge of the claims of all creditors for material, merchandise, labor, rent, hire of vehicles, power shovels, rollers, concrete mixers, tools, and other appliances, professional services, premiums, and other services used or employed in carrying out the terms of the contract between the contractor and the State and further conditioned for the payment of taxes both State and municipal, and contributions to the Vermont Commissioner of Labor, accruing during the term of performance of the contract. However, in order to obtain the benefit of the security, the claimant shall file with the Secretary a sworn statement of the claimant’s claim, within 90 days after the final acceptance of the project by the State or within 90 days from the time the taxes or contributions to the Vermont Commissioner of Labor are due and payable, and, within one year after the filing of the claim, shall bring a petition in the Superior Court in the name of the Secretary, with notice and summons to the principal, surety, and the Secretary, to enforce the claim or intervene in a petition already filed. The Secretary may, if the Secretary determines that it is in the best interests of the State, accept other good and sufficient surety in lieu of a bond.
  10. Purchase, rent, lease, operate, and maintain the machinery, trucks, and equipment necessary to carry out the provisions of this title and in its discretion let trucks and other machinery under such terms as it determines.
  11. With the approval of the Governor, purchase, rent, lease, or erect suitable garages and other buildings as may be necessary for the care of its machinery, trucks, materials, and equipment.
  12. Consult with the Agency of Natural Resources prior to engaging in road repairs or construction that in any way involve streams, ponds, or lakes.
  13. Furnish, subject to reimbursement and upon request by a municipality, services as may be necessary for the municipality to comply with the “Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970” or any subsequent amendments to the Act.
  14. With respect to State highways, have the same powers that selectboards have with respect to town highways.
  15. Respond in writing to concerns raised during Transportation Board hearings conducted pursuant to the provisions of subdivision  5(d)(6) and subsection 10g(d) of this title.
  16. Inform the Joint Transportation Oversight Committee of any anticipated loss or reduction of federal funding for transportation purposes due to either a lack of State funds for matching or a decrease in federal funds for the Transportation Program.
  17. Administer the Statewide Property Parcel Mapping Program.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1987, No. 150 (Adj. Sess.); 1991, No. 35 , §§ 5, 14, eff. May 18, 1991; 1991, No. 175 (Adj. Sess.), §§ 7, 8, eff. May 15, 1992; 1995, No. 183 (Adj. Sess.), § 4, eff. May 22, 1996; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2009, No. 123 (Adj. Sess.), § 28; 2013, No. 167 (Adj. Sess.), § 18; 2015, No. 158 (Adj. Sess.), § 36; 2017, No. 38 , § 12; 2021, No. 20 , § 77.

History

References in text.

The reference to subsec. 10g(d), in subdiv. (15), is obsolete following the enactments of 2001, No. 64 , § 9, and of 2003, No. 160 (Adj. Sess.), § 30, and the repeal of subsec. 10g(d) in its entirety by 2011, No. 153 (Adj. Sess.), § 29.

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subdiv. (13), is codified principally as 42 U.S.C. chapter 61.

Revision note

—2014. In subdiv. (14), substituted “selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Revision note—. Reference to “agency of environmental conservation” in subdiv. (12) was changed to “agency of natural resources” pursuant to 1987, No. 76 , § 18.

At the beginning of the section, deleted designation for subsec. (a) to conform with V.S.A. style.

Amendments

—2021. Subdiv. (1): Substituted “interests” for “interest” in the first sentence and “individuals” for “persons” in the third sentence.

Subdiv. (2): Substituted “monies” for “moneys”.

Subdiv. (3): Substituted “that” for “which” twice in the first sentence.

Subdiv. (9): Amended generally.

—2017. Subdiv. (16): Substituted “Transportation Program” for “one-year capital program”.

—2015 (Adj. Sess.). Subdiv. (17): Added.

—2013 (Adj. Sess.). Subdiv. (3): Rewrote the second sentence and added the third sentence.

—2009 (Adj. Sess.) Subdiv. (1): Rewrote the last sentence.

—2005 (Adj. Sess.). Subdiv. (9): Substituted “commissioner of labor” for “commissioner of employment and training” in two places.

—1995 (Adj. Sess.) Subdiv. (16): Added.

—1991 (Adj. Sess.). Subdiv. (1): Added the third sentence.

Subdiv. (15): Added.

—1991. Subdiv. (8): Added “and, in case involving contracts for $100,000.00 or less, may waive the requirement of a performance bond” following “lie of a bond” in the last sentence.

Subdiv. (14): Added.

—1987 (Adj. Sess.). Subdiv. (9): Deleted “of the contractor” following “creditors” in the first sentence.

Transfer of responsibility for operation of rest areas. 1991, No. 144 (Adj. Sess.), § 49, eff. April 22, 1992, provided in part: “Effective March 29, 1992, the responsibility for the operation of rest areas is transferred to the agency of development and community affairs.” Pursuant to a June 7, 2005 “Memorandum of Understanding Regarding Reconstruction, Renovation and Operation of Vermont Highway Rest Areas” (the “2005 MOU”) by and among the Agency of Administration, the Agency of Transportation, and the Department of Buildings & General Services (“BGS”), BGS has responsibility over the design, construction, and general operation of rest areas, welcome centers, and information center facilities, and the Agency of Transportation has specified administrative, legal, budgeting, maintenance, and repair responsibilities in connection with these facilities. The 2005 MOU superseded an April 1997 Memorandum of Understanding transferring from the Agency of Commerce and Community Development to BGS general responsibility for rest area planning, construction, and operation. Sec. 39(3) of 1999 Acts and Resolves No. 18 provides that “[t]he department of buildings and general services is authorized to operate rest areas, information and welcome centers as state or private facilities.”

Transfer of functions, powers, duties, etc., of Lake Champlain bridge commission to New York transportation department and Vermont transportation agency. For provisions relating to the transfer of functions, powers, duties, assets, property, books, records, personnel, etc., of the Lake Champlain bridge commission to the New York department of transportation and the Vermont agency of transportation, see notes set out under section 2 of this title.

Prior law.

3 V.S.A. § 3116 ; 19 V.S.A. § 4 .

CROSS REFERENCES

Acquisition of railroad property by state generally, see 5 V.S.A. chapter 58.

Regulation of motor vehicles and traffic generally, see Title 23.

State buildings and equipment, see 29 V.S.A. chapter 1.

Public purchases generally, see 29 V.S.A. chapter 49, subchapter 1.

ANNOTATIONS

Contractors’ bonds.

When a labor and materials bond was provided to the State pursuant to subdiv. (a)(14) of former section, the parties were free to contract for greater coverage than required by subdiv. (a)(14). Barretto Granite Corp. v. State, 147 Vt. 148, 513 A.2d 608, 1986 Vt. LEXIS 373 (1986).

Equal protection.

Plaintiff, a supplier of gravel to builders of State and local roads, which brought a 42 U.S.C. § 1983 civil rights action against the State when it adopted a policy of not allowing gravel to be used in areas where stone was available, lacked standing to assert an equal protection claim because its interest in competing on an equal basis with suppliers of stone was neither a legally protected interest guaranteed by the equal protection clause nor was it within the “zone of interests” protected by § 1983. Plaintiff was not a bidder or a prospective bidder, but, at best, had a hope that if the bid specifications were changed, it might enter into a subcontract with a company that might obtain a primary contract from defendant in the future. Hinesburg Sand & Gravel Co. v. State, 166 Vt. 337, 693 A.2d 1045, 1997 Vt. LEXIS 33 (1997).

Plaintiff, a supplier of gravel to builders of State and local roads, which brought a 42 U.S.C. § 1983 civil rights action against the State when it adopted a policy of not allowing gravel to be used in areas where stone was available, failed to state a cause of action, as its claim was not within the zone of interests of § 1983, but was a routine procurement dispute dressed up as a civil rights claim. Hinesburg Sand & Gravel Co. v. State, 166 Vt. 337, 693 A.2d 1045, 1997 Vt. LEXIS 33 (1997).

§ 10a. Procurement of engineering and design services through competitive negotiation.

  1. For purposes of this section, “competitive negotiation” means a method of procurement where proposals are requested from a number of sources and either a fixed-price or cost-reimbursable type contract is awarded, as appropriate.
  2. Contracts for program management, construction management, feasibility studies, preliminary engineering, design engineering, surveying, mapping, or architectural-related services with respect to projects subject to the provisions of section 111(a) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, Pub. L. No. 100-17, as may be amended, may be awarded by competitive negotiation.
  3. If competitive negotiation is used, the following requirements shall apply:
    1. Proposals shall be solicited from an adequate number of qualified sources to permit reasonable competition, consistent with the nature and requirements of the procurement.  All qualified sources may submit a proposal.  The request for proposals shall be publicized.
    2. The request for proposal shall identify all significant evaluation factors, including price or cost where required and their relative importance.
    3. The Agency shall provide mechanisms for technical evaluation of the proposals received, determinations of responsible offerors for the purpose of written or oral discussions, and selection for contract award.
    4. Award may be made to the responsible offeror whose proposal will be most advantageous to the Agency, price and other factors considered.  Unsuccessful offerors should be notified promptly.

HISTORY: Added 1987, No. 91 , § 9, eff. June 22, 1987; amended 2021, No. 20 , § 78.

History

References in text.

Section 111 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, referred to in subsec. (b), is codified as 23 U.S.C. § 112.

Amendments

—2021. Subsec. (a): Substituted “where” for “whereby”.

Subsec. (b): Substituted “, Pub. L. No. 100-17, as may be amended,” for “(including amendments thereto)”.

§ 10b. Statement of policy; general.

  1. The Agency shall be the responsible agency of the State for the development of transportation policy. It shall develop a mission statement to reflect:
    1. that State transportation policy shall be to encompass, coordinate, and integrate all modes of transportation and to consider “complete streets” principles, which are principles of safety and accommodation of all transportation system users, regardless of age, ability, or modal preference; and
    2. the need for transportation projects that will improve the State’s economic infrastructure, as well as the use of resources in efficient, coordinated, integrated, cost-effective, and environmentally sound ways, and that will be consistent with the recommendations of the Comprehensive Energy Plan (CEP) issued under 30 V.S.A. § 202b .
  2. The Agency shall coordinate planning and education efforts with those of the Vermont Climate Change Oversight Committee and those of local and regional planning entities:
    1. to ensure that the transportation system as a whole is integrated, that access to the transportation system as a whole is integrated, and that statewide, local, and regional conservation and efficiency opportunities and practices are integrated; and
    2. to support employer-led or local or regional government-led conservation, efficiency, rideshare, and bicycle programs and other innovative transportation advances, especially employer-based incentives.
  3. In developing the State’s annual Transportation Program, the Agency shall, consistent with the planning goals listed in 24 V.S.A. § 4302 as amended by 1988 Acts and Resolves No. 200 and with appropriate consideration to local, regional, and State agency plans:
    1. Develop or incorporate designs that provide integrated, safe, and efficient transportation and that are consistent with the recommendations of the CEP.
      1. Consider the safety and accommodation of all transportation system users—including motorists, bicyclists, public transportation users, and pedestrians of all ages and abilities—in all State- and municipally managed transportation projects and project phases, including planning, development, construction, and maintenance, except in the case of projects or project components involving unpaved highways. If, after the consideration required under this subdivision, a State-managed project does not incorporate complete streets principles, the project manager shall make a written determination, supported by documentation and available for public inspection at the Agency, that one or more of the following circumstances exist: (2) (A) Consider the safety and accommodation of all transportation system users—including motorists, bicyclists, public transportation users, and pedestrians of all ages and abilities—in all State- and municipally managed transportation projects and project phases, including planning, development, construction, and maintenance, except in the case of projects or project components involving unpaved highways. If, after the consideration required under this subdivision, a State-managed project does not incorporate complete streets principles, the project manager shall make a written determination, supported by documentation and available for public inspection at the Agency, that one or more of the following circumstances exist:
        1. Use of the transportation facility by pedestrians, bicyclists, or other users is prohibited by law.
        2. The cost of incorporating complete streets principles is disproportionate to the need or probable use as determined by factors including land use, current and projected user volumes, population density, crash data, historic and natural resource constraints, and maintenance requirements.  The Agency shall consult local and regional plans, as appropriate, in assessing these and any other relevant factors.
        3. Incorporating complete streets principles is outside the scope of a project because of its very nature.
      2. The written determination required under subdivision (A) of this subdivision (2) shall be final and shall not be subject to appeal or further review.
    2. Promote economic opportunities for Vermonters and the best use of the State’s environmental and historic resources.
    3. Manage available funding to:
      1. give priority to preserving the functionality of the existing transportation infrastructure, including bicycle and pedestrian trails regardless of whether they are located along a highway shoulder; and
      2. adhere to credible project delivery schedules.
  4. The Agency of Transportation, in developing each of the program prioritization systems schedules for all modes of transportation, shall include the following throughout the process:
    1. The Agency shall annually solicit input from each of the regional planning commissions and the Chittenden County Metropolitan Planning Organization on regional priorities within each schedule, and those inputs shall be factored into the prioritizations for each program area and shall afford the opportunity of adding new projects to the schedules.
    2. Each year, the Agency shall provide in the front of the Transportation Program book a detailed explanation describing the factors in the prioritization system that creates each project list.

HISTORY: Added 1989, No. 121 , § 1, eff. June 22, 1989; amended 1989, No. 246 (Adj. Sess.), § 1; 1993, No. 89 , § 20; 2005, No. 175 (Adj. Sess.), § 48; 2007, No. 75 , § 34, eff. June 7, 2007; 2007, No. 209 (Adj. Sess.), § 7; 2011, No. 34 , § 2; 2017, No. 139 (Adj. Sess.), § 10.

History

Revision note

—2013. In subsec. (c), substituted “1988 Acts and Resolves No. 200” for “No. 200 of the Acts of the 1987 Adj. Sess. (1988)” to conform to V.S.A. style.

Amendments

—2017 (Adj. Sess.) Subdiv. (a)(2): Added “, and that will be consistent with the recommendations of the Comprehensive Energy Plan (CEP) issued under 30 V.S.A. § 202b ” following “sound ways”.

Subdiv. (b)(1): Substituted “ensure” for “assure” preceding “that the transportation system”.

Subdiv. (b)(2): Substituted “employer-led” for “employer” preceding “or local or regional”.

Subdiv. (c)(1): Added “and that are consistent with the recommendations of the CEP” following “transportation”.

—2011. Section amended generally.

—2007 (Adj. Sess.). Rewrote subsec. (a), and inserted “integrated” preceding “safe” in subdiv. (b)(1) and “including bicycle and pedestrian trails regardless of whether they are located along a highway shoulder” following “infrastructure” in subdiv. (b)(2)(A).

—2007. Subsec. (b): Amended generally.

—2005 (Adj. Sess.). Subsec. (c): Added.

—1993. Subsec. (a): Inserted “the need for transportation projects that will improve the state’s economic infrastructure” following “modes of transportation” in the second sentence.

—1989 (Adj. Sess.). Added a new subsec. (a), deleted former subsec. (b), redesignated former subsec. (a) as new subsec. (b) and in that subsec. deleted “and policies of the transportation board adopted under section 5(a) of this title” preceding “and with appropriate”.

§ 10c. Statement of policy; highways and bridges.

  1. For projects that are on the National Highway System, if site conditions, environmental factors, or engineering factors restrict the use of national standards for geometric design, the Agency may pursue exceptions to those standards when appropriate to comply with local or regional plans as interpreted by the adopting entities, or with federal or State long-range plans as adopted, or with local conditions.
  2. For projects that are not on the National Highway System, the Agency shall develop and implement State standards for geometric design. Design speeds may be lower than legal speeds. Design speeds lower than legal speeds may be used without the requirement of a formal design exception, provided appropriate warnings are posted.
  3. In choosing between the improvement of an existing highway and complete reconstruction, the Agency shall weigh the following factors:
    1. disruption to homes and businesses;
    2. environmental impacts;
    3. the benefits attainable by designing and constructing the improvement as a limited access facility;
    4. the potential effects on the local and State economies;
    5. cost-effectiveness;
    6. mobility;
    7. safety, as determined by factors such as accident history for motorists, pedestrians, and bicyclists;
    8. local or regional plans as interpreted by the adopting entity and State agency plans;
    9. the impact on the historic, scenic, and aesthetic values of the municipality, as interpreted by the municipality, in which the highway is located; and
    10. if it is a forest highway under federal jurisdiction.
  4. It shall be the policy of the State in developing projects as defined in subsection (b) of this section for the resurfacing, restoration, rehabilitation, and reconstruction of bridges and the approaches to bridges to favor their preservation within their existing footprints, in order to ensure compatibility with the Vermont setting and context and to reduce costs and environmental impacts.
  5. The Agency shall investigate and implement, where feasible, policies and programs to allow municipal governments to develop projects or construct projects, or both, under the Agency’s oversight in accordance with federal laws and regulations if federal funds are used.
  6. It shall be the policy of the State, as defined in subsection (b) of this section, to favor the rehabilitation of existing bridges. In choosing between the rehabilitation of an existing bridge and the construction of a new bridge, whether on the existing location or on a new location, the Agency shall weigh the following factors, in addition to the factors specified in subsection (c) of this section:
    1. the functional classification of the highway;
    2. the load capacity and geometric constraints of the bridge and the availability of alternative routes;
    3. the comparative long-term costs, risks, and benefits of rehabilitation and new construction; and
    4. the requirements of State standards for geometric design.
  7. With regard to a bridge located on a municipal highway, a municipality may request the Agency to adhere to one or more of the following guidelines:
    1. where feasible, the rehabilitated or replacement bridge shall occupy the same curb-to-curb width or alignment, or both, as the existing bridge or the existing approaches to the existing bridge, or both;
    2. unless otherwise required by law, a bridge that does not already carry a sidewalk may be rehabilitated without adding a sidewalk and a replacement bridge may be built without a sidewalk or with a sidewalk on only one side; or
    3. in rehabilitating a historically significant bridge, the design of the rehabilitated bridge must retain the bridge’s historic character, to the extent feasible.
  8. In implementing the policies that are established in subsections (f) and (g) of this section, with regard to a bridge located on a municipal highway:
    1. the affected municipality shall conduct a public hearing as early as is feasible in the project scoping process to identify pertinent issues;
    2. the Agency shall identify and present to the affected municipality feasible alternative solutions before it prepares conceptual plans for the proposed project; and
    3. the Agency’s presentation of feasible alternative solutions shall include estimates of the total preliminary engineering and construction costs for each alternative.
  9. Adherence by the Agency to one or more of the policies established in this section for a specific project shall constitute the selection of a particular set of standards for the purposes of 12 V.S.A. § 5601(e)(8) .
  10. Upon final payment of a paving contract with the Agency of Transportation that contains liquidated damages from a paving contractor for failure to complete work on time, such damages shall be paid by the Agency of Transportation to the town or towns in which the work was not completed on time. In no case shall the liquidated damages paid to a town or towns exceed the State share of those liquidated damages for that paving project. If such a project is in more than one town, each town shall receive an amount of liquidated damages equal to its percentage of the State share of uncompleted work.
  11. , (l)[Repealed.]

    (m) Recycled asphalt pavement (RAP) shall be used on all Agency paving projects to the extent sources of quality RAP are available consistent with producing quality hot mix asphalt. To that extent, the Agency shall define paving project specifications and contract bid documents to allow the use of up to 50 percent RAP. The Agency shall compare the cost-benefit of the State’s retaining the RAP versus the contractor’s retaining the RAP, and the Agency shall report to the House and Senate Committees on Transportation on the results of the comparison in the 2009 and 2010 legislative sessions.

HISTORY: Added 1989, No. 121 , § 2, eff. June 22, 1989; amended 1989, No. 246 (Adj. Sess.), § 37; 1993, No. 89 , § 21; 1995, No. 140 (Adj. Sess.), § 1; 1999, No. 18 , § 41r, eff. May 13, 1999; 2007, No. 164 (Adj. Sess.), §§ 50, 57, 58, eff. May 22, 2008; 2013, No. 167 (Adj. Sess.), § 23.

History

References in text.

The National Highway System, referred to subsecs. (a) and (b), is codified as 23 U.S.C. § 103.

Revision note

—2008. In subdiv. (k)(2), added “transportation regarding” following “on” to clarify the text.

Amendments

—2013 (Adj. Sess.). Subdivs. (k) and ( l ): Repealed.

—2007 (Adj. Sess.) Subsecs. (k)-(m): Added.

—1999. Subsec. (j): Added.

—1995 (Adj. Sess.) Section amended generally.

—1993. Subsec. (c): Deleted “and” following “facility” in subdiv. (3), added a new subdiv. (4), and redesignated former subdiv. (4) as subdiv. (5).

—1989 (Adj. Sess.). Subsec. (b): Repealed.

§ 10d. Statement of policy; airports.

  1. The Agency shall continue to promote the preservation of existing public airports, reduction of hazards to air navigation, and, where the need is indicated, modest expansion of existing public facilities.
  2. On the State airport system, the Agency shall continue to supplement ongoing maintenance activities with a program of capital improvements as the availability of federal and State funds permits.
  3. The Agency shall monitor developments at regional hub airports to ensure fair and adequate access to the national air transportation network for Vermont shippers and travelers.  In furtherance of this policy, the Secretary may use available funds to contract for the services of consultants, experts, and specialized legal counsel.

HISTORY: Added 1989, No. 121 , § 3, eff. June 22, 1989.

§ 10e. Statement of policy; railroads.

  1. The General Assembly recognizes that rail service, both passenger and freight, is an integral part of the State’s transportation network and that it must be fully integrated into the State’s transportation network as a whole. Accordingly, it is hereby declared to be the policy of the State of Vermont:
    1. To provide opportunities for rail passenger services by cooperating with the federal government, other states, and providers of those services, with priority to be given to the services likely to complement the State’s other transportation resources and Vermont’s economic development efforts and to meet the needs of the traveling public. Goals to increase passenger rail use will be in accordance with the Agency’s rail plan.
    2. To preserve and modernize for continued freight railroad service those railroad lines, both within the State of Vermont and extending into adjoining states, that directly affect the economy of the State or provide connections to other railroad lines that directly affect the economy of the State. Goals to increase freight rail use will be in accordance with the Agency’s rail plan.
    3. In those cases where continuation of freight railroad service is not economically feasible under present conditions, to preserve established railroad rights-of-way for future reactivation of railroad service, trail corridors, and other public purposes not inconsistent with future reactivation of railroad service.
    4. To seek federal aid for rail projects that implement this section’s policy goals.
    5. To maintain and improve intercity bus and rail and freight and commuter rail services, and the necessary intermodal connections, and to increase the efficiency of equipment and the extent to which equipment selection and operation can limit or avoid the emission of greenhouse gases.
    6. To plan for increased ridership with city-to-city and commuter rail service, and for increased coordination of rail service with bus service, car-pooling, and ride-sharing opportunities.
  2. To complement the regular maintenance efforts of the lessee/operators of State-owned railroads, taking into account each line’s long-term importance to the State’s transportation network, economic development, the resources available to the lessee/operator and relevant provisions of leases and other agreements, the Agency may develop programs to assist in major rehabilitation or replacement of obsolete bridges, structures, rails, and other fixtures.
  3. [Repealed.]

HISTORY: Added 1989, No. 121 , § 4, eff. June 22, 1989; amended 2003, No. 56 , § 12, eff. June 4, 2003; 2005, No. 175 (Adj. Sess.), § 22; 2007, No. 209 (Adj. Sess.), § 8; 2013, No. 167 (Adj. Sess.), § 24.

History

Amendments

—2013 (Adj. Sess.). Subsec. (c): Repealed.

—2007 (Adj. Sess.). Subsec. (a): Added “and that it must be fully integrated into the state’s transportation network as a whole” to the end of the first sentence of the introductory paragraph.

Subdiv. (a)(1): Inserted “the state’s other transportation resources and” preceding “Vermont’s economic development efforts and” and “to” thereafter and added the second sentence.

Subdiv. (a)(2): Added the second sentence.

Subdivs. (a)(5) and (a)(6): Added.

—2005 (Adj. Sess.). Subsec. (c): Added.

—2003. Subsec. (a): Rewrote subsec. and added subdivs. (a)(1)-(a)(4).

Subsec. (b): Deleted “leased” preceding “line’s long-term” and added “economic development,” preceding “the resources available”.

CROSS REFERENCES

State rail plan, see 5 V.S.A. § 3458 .

§ 10f. Statement of policy; public transportation.

  1. It shall be the State’s policy to make maximum use of available federal funds for the support of public transportation. State operating support funds shall be included in Agency operating budgets to the extent that funds are available. It shall be the State’s policy to support the maintenance of existing public transportation services, to ensure the rapid replacement of any unplanned decrease in service, and to support the creation of new service that is accessible and affordable to those who use these services.
  2. The Agency of Transportation shall develop and periodically update a plan for investment in public transportation services and infrastructure as part of an integrated transportation system consistent with the goals established in 24 V.S.A. § 5083 and regional transportation development plan proposals and regional plans as required by 24 V.S.A. § 5089 . The plan shall include components that shall coordinate rideshare, public transit, park and ride, interstate, and bicycle and pedestrian planning and investment at the State, regional, and local levels, and create or expand regional connections within the State in order to maximize interregional ridesharing and access to public transit.
  3. The Agency shall develop and make available to the traveling public an integrated, statewide online service that coordinates transportation options and provides web-based access to information that will allow the traveling public integrated, convenient, affordable, and dependable access to alternative transportation modes sufficient to allow efficient, cost-effective, and timely travel throughout the State.

HISTORY: Added 1989, No. 121 , § 5, eff. June 22, 1989; amended 2003, No. 56 , § 36, eff. June 4, 2003; 2007, No. 209 (Adj. Sess.), § 9; 2021, No. 20 , § 79.

History

Revision note

—2011. Redesignated subdiv. (b)(1) to be part of subsec. (b), and redesignated subdiv. (b)(2) to be a new subsec. (c).

Amendments

—2021. Subsec. (a): Substituted “ensure” for “assure” in the third sentence.

—2007 (Adj. Sess.). Subsec. (a): Inserted “to assure the rapid replacement of any unplanned decrease in service” following “transportation services” and “to support” preceding “the creation” in the second sentence.

Subsec. (b): Added subdivs. (1) and (2).

—2003. Substituted “transportation” for “transit” in the section heading.

Subsec. (a): Designated existing provisions of this section as subsec. (a), deleted “continue to” preceding “be the state’s policy” in the first sentence, substituted “shall” for “may” following “funds” and deleted “and where it appears that public transit systems are used and locally supported” following “funds available” in the second sentence, and added the third sentence.

Subsec. (b): Added.

§ 10g. Annual report; Transportation Program; advancements, cancellations, and delays.

  1. The Agency of Transportation shall annually present to the General Assembly a multiyear Transportation Program covering the same number of years as the Statewide Transportation Improvement Program (STIP), consisting of the recommended budget for all Agency activities for the ensuing fiscal year and projected spending levels for all Agency activities for the following fiscal years. The Program shall include a description and year-by-year breakdown of recommended and projected funding of all projects proposed to be funded within the time period of the STIP and, in addition, a description of all projects that are not recommended for funding in the first fiscal year of the proposed Program but that are scheduled for construction during the time period covered by the STIP. The Program shall be consistent with the planning process established by 1988 Acts and Resolves No. 200, as codified in 3 V.S.A. chapter 67 and 24 V.S.A. chapter 117, the statements of policy set forth in sections 10b-10f of this title, and the long-range systems plan, corridor studies, and project priorities developed through the capital planning process under section 10i of this title.
  2. Projected spending in future fiscal years shall be based on revenue estimates as follows:
    1. with respect to State funds, on the consensus forecast for Transportation Fund revenue adopted pursuant to 32 V.S.A. § 305a and for later years on other consensus or Executive Branch estimates of Transportation Fund revenues; and
    2. with respect to federal funds, on such federal regulations that apply to the development of the STIP.
  3. The Program proposed by the Agency shall include systemwide performance measures developed by the Agency to describe the condition of the Vermont transportation network. The Program shall discuss the background and utility of the performance measures, track the performance measures over time, and, where appropriate, recommend the setting of targets for the performance measures.
  4. [Repealed.]
    1. The Agency’s annual Transportation Program shall include a separate report summarizing with respect to the most recently ended fiscal year: (e) (1) The Agency’s annual Transportation Program shall include a separate report summarizing with respect to the most recently ended fiscal year:
      1. all expenditures of funds by source; and
      2. all unexpended appropriations of transportation funds and TIB funds that have been carried forward from the previous fiscal year to the ensuing fiscal year.
    2. The summary shall identify expenditures and carry forwards for each program category included in the proposed annual Transportation Program as adopted for the closed fiscal year in question and such other information as the Agency deems appropriate.
  5. Each year following enactment of a Transportation Program under this section, the Agency shall prepare and make available to the public the Transportation Program established by the General Assembly. The resulting document shall be entered in the permanent records of the Agency and of the Board, and shall constitute the State’s official Transportation Program.
  6. The Agency’s annual proposed Transportation Program shall include project updates referencing this section and listing the following:
    1. all proposed projects in the Program that would be new to the State Transportation Program if adopted;
    2. all projects for which total estimated costs have increased by more than $8,000,000.00 or by more than 100 percent from the estimate in the prior fiscal year’s approved Transportation Program;
    3. all projects funded for construction in the prior fiscal year’s approved Transportation Program that are no longer funded in the proposed Transportation Program submitted to the General Assembly, the projected costs for such projects in the prior fiscal year’s approved Transportation Program, and the total costs incurred over the life of each such project.
  7. Should capital projects in the Transportation Program be delayed because of unanticipated problems with permitting, right-of-way acquisition, construction, local concern, or availability of federal or State funds, the Secretary is authorized to advance projects in the approved Transportation Program. The Secretary is further authorized to undertake projects to resolve emergency or safety issues. Upon authorizing a project to resolve an emergency or safety issue, the Secretary shall give prompt notice of the decision and action taken to the Joint Fiscal Office and to the House and Senate Committees on Transportation when the General Assembly is in session, and when the General Assembly is not in session, to the Joint Transportation Oversight Committee, the Joint Fiscal Office, and the Joint Fiscal Committee. Should an approved project in the current Transportation Program require additional funding to maintain the approved schedule, the Agency is authorized to allocate the necessary resources. However, the Secretary shall not delay or suspend work on approved projects to reallocate funding for other projects except when other funding options are not available. In such case, the Secretary shall notify the Joint Transportation Oversight Committee, the Joint Fiscal Office, and the Joint Fiscal Committee when the General Assembly is not in session and the House and Senate Committees on Transportation and the Joint Fiscal Office when the General Assembly is in session. With respect to projects in the approved Transportation Program, the Secretary shall notify, in the district affected, the regional planning commission, the municipality, legislators, the House and Senate Committees on Transportation, and the Joint Fiscal Office of any change that likely will affect the fiscal year in which the project is planned to go to construction. No project shall be canceled without the approval of the General Assembly, except that the Agency may cancel a municipal project upon the request or concurrence of the municipality provided that notice of the cancellation is included in the Agency’s annual proposed Transportation Program.
  8. For the purpose of enabling the State, without delay, to take advantage of economic development proposals that increase jobs for Vermonters, a transportation project certified by the Governor as essential to the economic infrastructure of the State economy, or a local economy, may be approved for construction by a committee comprising the Joint Fiscal Committee meeting with the Chairs of the Transportation Committees or their designees without explicit project authorization through an enacted Transportation Program, in the event that such authorization is otherwise required by law.
  9. The Agency of Transportation, in coordination with the Agency of Natural Resources and the Division for Historic Preservation, shall prepare and implement a plan for advancing approved projects contained in the approved Transportation Program. The plan shall include the assignment of a project manager from the Agency of Transportation for each project. The Agency of Transportation, the Agency of Natural Resources, and the Division for Historic Preservation shall set forth provisions for expediting the permitting process and establishing a means for evaluating each project during concept design planning if more than one agency is involved to determine whether it should be advanced or deleted from the Program.
  10. For purposes of subsection (h) of this section, “emergency or safety issues” shall mean:
    1. serious damage to a transportation facility caused by a natural disaster over a wide area, such as a flood, hurricane, earthquake, severe storm, or landslide; or
    2. catastrophic or imminent catastrophic failure of a transportation facility from any cause; or
    3. any condition identified by the Secretary as hazardous to the traveling public; or
    4. any condition evidenced by fatalities or a high incidence of crashes.
  11. The Agency shall develop a numerical grading system to assign a priority rating to all Program Development Paving, Program Development Roadway, Program Development Safety and Traffic Operations, Program Development State and Interstate Bridge, Town Highway Bridge, and Bridge Maintenance projects. The rating system shall consist of two separate, additive components as follows:
    1. One component shall be limited to asset management- and performance-based factors that are objective and quantifiable and shall consider, without limitation, the following:
      1. the existing safety conditions in the project area and the impact of the project on improving safety conditions;
      2. the average, seasonal, peak, and nonpeak volume of traffic in the project area, including the proportion of traffic volume relative to total volume in the region, and the impact of the project on congestion and mobility conditions in the region;
      3. the availability, accessibility, and usability of alternative routes;
      4. the impact of the project on future maintenance and reconstruction costs;
      5. the relative priority assigned to the project by the relevant regional planning commission; and
      6. the resilience of the transportation infrastructure to floods and other extreme weather events.
    2. The second component of the priority rating system shall consider, without limitation, the following factors:
      1. the importance of the transportation infrastructure as a factor in the local, regional, or State economy; and
      2. the importance of the transportation infrastructure in the health, social, and cultural life of the surrounding communities.
    3. The priority rating system for Program Development Roadway projects shall award as bonus points an amount equal to 10 percent of the total base possible rating points to projects within a designated downtown development district established pursuant to 24 V.S.A. § 2793 .
  12. The annual Transportation Program shall include an individual priority rating pursuant to subsection (l) of this section for each highway paving, roadway, safety and traffic operations, and bridge project in the program along with a description of the system and methodology used to assign the ratings.
  13. The Agency’s annual Transportation Program shall include a project-by-project description in each program of all proposed spending of funds for the development and evaluation of projects. In the approved annual Transportation Program, these funds shall be reserved to the identified projects subject to the discretion of the Secretary to reallocate funds to other projects within the program when it is determined that the scheduled expenditure of the identified funds will be delayed due to permitting, local decision making, the availability of federal or State funds, or other unanticipated problems.
  14. For projects initially approved by the General Assembly for inclusion in the State Transportation Program after January 1, 2006, the Agency’s proposed Transportation Program prepared pursuant to subsection (a) of this section and the official Transportation Program prepared pursuant to subsection (f) of this section shall include the year in which such projects were first approved by the General Assembly.
  15. The Agency shall include the annual maintenance required for the Lamoille Valley Rail Trail (LVRT), running from Swanton to St. Johnsbury, in the Transportation Program it presents to the General Assembly under subsection (a) of this section. The proposed authorization for the maintenance of the LVRT shall be sufficient to cover:
    1. maintenance and repair or replacement of any bridges along the LVRT;
    2. maintenance and repair of the fencing along the LVRT and any leased lines;
    3. maintenance and repair of the stormwater systems for the LVRT;
    4. any large-scale surface maintenance required due to dangerous conditions along the LVRT or compromise of the rail bed of the LVRT, or both;
    5. resolution of any unauthorized encroachments related to the rail bed, but not the recreational use of the LVRT; and
    6. any other maintenance obligations required of the Agency under a memorandum of understanding entered into regarding the maintenance of the LVRT.

HISTORY: Added 1989, No. 121 , § 6, eff. June 22, 1989; amended 1989, No. 246 (Adj. Sess.), § 38; 1991, No. 175 (Adj. Sess.), § 25b, eff. May 15, 1992; 1993, No. 89 , § 22; 1993, No. 89 , § 22; 1993, No. 172 (Adj. Sess.), § 16; 1995, No. 60 , § 20, eff. April 25, 1995; 1995, No. 183 (Adj. Sess.), § 17, eff. May 22, 1996; 1997, No. 144 (Adj. Sess.), § 12a, eff. April 27, 1998; 2001, No. 64 , § 9, eff. June 16, 2001; 2003, No. 160 (Adj. Sess.), § 30, eff. June 9, 2004; 2005, No. 80 , §§ 53, 60; 2005, No. 175 (Adj. Sess.), §§ 46, 47; 2007, No. 75 , §§ 35(a), 38; 2007, No. 164 (Adj. Sess.), §§ 61, 62; 2009, No. 123 (Adj. Sess.), § 22; 2011, No. 62 , § 36, eff. Jan. 1, 2012; 2011, No. 153 (Adj. Sess.), § 29; 2015, No. 11 , § 25; 2015, No. 158 (Adj. Sess.), §§ 18, 20, 21; 2017, No. 38 , § 13; 2019, No. 59 , § 9; 2021, No. 55 , § 13.

History

Revision note

—2019. In subsec. (h), reversed the order of “Senate” and “House” in reference to the “Committees on Transportation” in the seventh sentence for consistency with the order of the references in the third and sixth sentences.

—2013. In subsec. (a), substituted “1988 Acts and Resolves No. 200” for “No. 200 of the Acts of the 1987 Adj. Sess. (1988)” to conform to V.S.A. style.

Amendments

—2021. Subsec. (p): Added.

—2019. Subsec. (h): Amended generally.

—2017. Subsec. (a): In the first sentence, substituted “Program” for “Plan” following “Improvement”.

—2015 (Adj. Sess.). Subsec. (g): Amended generally.

Subsec. (h): Deleted “any significant change in design, change in construction cost estimates requiring referral to the Transportation Board under section 10h of this title, or” preceding “any change which” in the penultimate sentence.

Subsec. ( l ): Substituted “management and performance-based” for “management-based” following “asset” in subdiv. (1), deleted “or the Chittenden County Metropolitan Planning Organization” following “commission” in subdiv. (1)(E), added subdiv. (1)(F), and rewrote subdiv. (2).

—2015. Subsec. (a): Substituted “that” for “which” preceding “are not recommended” in the second sentence.

Subsec. (c): Substituted “performance measures” for “indicators” wherever it appeared.

—2011 (Adj. Sess.). Subsec. (d): Repealed.

—2011. Subsec. (o): Added.

—2009 (Adj. Sess.) Subsec. (a): Substituted “scheduled” for “projected to be ready” preceding “for construction” and “during the time period covered by the STIP” for “at that time (shelf projects)” thereafter in the second sentence.

Subsecs. (e) and (g): Added.

Subsec. (h): Deleted “giving priority to shelf projects” following “transportation program” in the first sentence, added the second sentence, added “and the joint fiscal office” following “oversight committee” in the fifth sentence, and inserted “and the joint fiscal office” preceding “of any significant change” in the sixth sentence.

—2007 (Adj. Sess.) Subdiv. (d)(1): Substituted “biannually” for “annually” preceding “present to” and “five-year” for “ten-year” preceding “period commencing with” and deleted “and total available resources for projects” following “commitments to transportation projects” in the first sentence.

Subsec. (e): Repealed.

—2007. Subsec. (g): Repealed.

Subdiv. ( l )(3): Added.

—2005 (Adj. Sess.). Subsecs. (d) and (e): Amended generally.

Subsec. (n): Added.

—2005. Subsec. (h): Made a minor change in punctuation in the first sentence and added the fourth and fifth sentences.

Subsecs. ( l ) and (m): Added.

—2003 (Adj. Sess.). Rewrote the section.

—2001. Added “advancements, cancellations and delays” at the end of section heading.

Subsec. (a): Rewritten.

Subsec. (b): Deleted “also” following “agency” and “anticipated” following “the state’s” and substituted “assists the general assembly in the establishment of” for “indicates” preceding “the state’s”.

Subsec. (c): Added.

Subsecs. (d) and (e): Redesignated former subsecs. (c) and (d) to be present subsecs. (d) and (e) and rewrote the first sentence of present subsec. (d).

Subsec (f): Added.

Subsecs (g)-(i): Redesignated former subsecs (e)-(g) to be present subsecs. (g)-(i).

—1997 (Adj. Sess.). Subsec. (g): Added.

—1995 (Adj. Sess.) Subsec. (f): Added.

—1995. Subsec. (d): Substituted “participate in” for “hold” preceding “five” and inserted “partnership with Vermont’s regional planning commissions and shall hold at least one statewide hearing providing an opportunity for input from” preceding “different” in the first sentence and substituted “the hearing or hearings” for “these hearings” following “record of” and “program” for “programs” preceding “proposals” in the last sentence.

—1993 (Adj. Sess.) Subsec. (d): Substituted “agency” for “board” preceding “shall hold” in the first sentence, added the second sentence, and substituted “shall be prepared by the agency of transportation and submitted to the house and senate committees on transportation and used by the agency” for “received, shall be prepared by the board” following “comments” and deleted “the” preceding “future use” and “of the agency” thereafter in the third sentence.

—1993. Subsec. (e): Added.

—1991 (Adj. Sess.) Subsec. (d): Substituted “November” for “October” following “before” in the first sentence.

—1989 (Adj. Sess.) Section amended generally.

Statement of legislative intent. 2007, No. 75 , Sec. 35(b) provides: “This repeal [subsection (g) of this section] does not absolve the agency of transportation from its existing public involvement responsibilities under 23 C.F.R. § 450.212(f), as certified to the Federal Highway Administration and the Federal Transit Administration. This annual certification outlines the agency’s public involvement responsibilities in three areas: the transportation planning initiative (TPI); development and adoption of the long-range transportation plan; and development and adoption of the state transportation improvement plan (STIP).”

Federal infrastructure funding. 2021, No. 55 , § 12, effective June 3, 2021, provides: “(a) Notwithstanding Sec. 1 of this act; 2020 Acts and Resolves No. 121, Sec. 1; 19 V.S.A. § 10g(n) ; and 32 V.S.A. § 706 , if a federal infrastructure bill or other federal legislation that provides for infrastructure funding is enacted that provides Vermont with additional federal funding for transportation-related projects, the Secretary, with approval from the Joint Transportation Oversight Committee pursuant to subdivision (c)(2) of this section, is authorized to exceed federal monies spending authority in the Fiscal Year 2021 and Fiscal Year 2022 Transportation Programs and to obligate and expend federal monies and up to $2,000,000.00 in State Transportation Fund monies on development and evaluation for additional projects that meet federal eligibility and readiness criteria and have been evaluated through the Agency’s prioritization process but are not in the Fiscal Year 2021 or Fiscal Year 2022 Transportation Program.

“(b) Nothing in subsection (a) of this section shall be construed to authorize the Secretary to obligate or expend:

“(1) State TIB funds above amounts authorized in the Fiscal Year 2021 or Fiscal Year 2022 Transportation Program; or

“(2) State Transportation Fund monies if the Agency does not:

“(A) expect to accept and obligate federal monies pursuant to subsection (a) of this section in an amount sufficient to cover the additional expenditure of State Transportation Fund monies; and

“(B) expect the projects for which State Transportation Fund monies are used to eventually be eligible for funding entirely through federal monies.

“(c)(1) The Agency shall promptly report the obligation or expenditure of monies under the authority of this section to the House and Senate Committees on Transportation and to the Joint Fiscal Office while the General Assembly is in session.

“(2)(A) Consistent with 19 V.S.A. § 12b(c) , the Agency shall promptly report any changes in the availability of federal funds and the anticipated obligation or expenditure of monies under the authority of this section to the Joint Fiscal Office, the Joint Fiscal Committee, and the Joint Transportation Oversight Committee.

“(B) If the Joint Transportation Oversight Committee disapproves of the anticipated obligation or expenditure of monies under the authority of this section, it shall provide notice of that disapproval, and an explanation of the basis for the disapproval, to the Agency within 30 calendar days following receipt of the report of the anticipated expenditure.

“(C) If the Joint Transportation Oversight Committee disapproves of an anticipated obligation or expenditure of monies under subdivision (B) of this subdivision (2), the Agency may revise and resubmit for further consideration.

“(D) If the Joint Transportation Oversight Committee does not disapprove of the anticipated obligation or expenditure of monies under the authority of this section within 30 calendar days of receipt of the report of the anticipated obligation or expenditure or receipt of a revised submittal, then the anticipated obligation or expenditure is deemed approved.

“(d) Subsections (a) and (b) of this section shall continue in effect until February 1, 2022.”

Effective date and applicability of 2021 amendment. 2021, No. 55 , § 42(c), effective June 3, 2021, provides: “Sec. 13 ( 19 V.S.A. § 10g(p) ; Lamoille Valley Rail Trail maintenance) shall take effect on July 1, 2021 and apply to Transportation Programs commencing with fiscal year 2023.”

CROSS REFERENCES

State Infrastructure Bank Program, see 10 V.S.A. chapter 12, subchapter 11.

§ 10h. Cooperative interstate agreement.

  1. [Repealed.]
  2. In connection with any authorized construction project in the State of Vermont that extends into or affects an adjoining state, the Agency, on behalf of the State of Vermont, may enter into a cooperative agreement with the adjoining state or any political subdivision of an adjoining state that apportions duties and responsibilities for planning preliminary engineering, including environmental studies, right-of-way acquisition, construction, and maintenance.

HISTORY: Added 1989, No. 121 , § 7, eff. June 22, 1989; amended 1989, No. 246 (Adj. Sess.), § 40; 2001, No. 141 (Adj. Sess.), § 21, eff. June 21, 2002; 2009, No. 33 , § 40; 2015, No. 158 (Adj. Sess.), § 19.

History

Amendments

—2015 (Adj. Sess.). Deleted “adjustments to existing projects; suspension of overruns” preceding “cooperative” in the beginning of the section heading.

Subsec. (a): Repealed.

—2009. Subsec. (a): Deleted the last sentence.

—2001 (Adj. Sess.) Subsec. (a): Substituted “On or before December 31 of each year” for “Annually” and “house and senate committees on transportation” for “general assembly, in a separate document to accompany its capital program and budget request” in the fourth sentence.

—1989 (Adj. Sess.). Deleted former subsecs. (a) and (b), added a new subsec. (a), redesignated former subsec. (c) as present subsec. (b) and in that subsection inserted “planning” preceding “preliminary”.

§ 10i. Transportation planning process.

  1. Long-range systems plan.   The Agency shall establish and implement a planning process through the adoption of a long-range multi-modal systems plan integrating all modes of transportation. The long-range multi-modal systems plan shall be based upon Agency transportation policy developed under section 10b of this title, other policies approved by the General Assembly, Agency goals, mission, and objectives, and demographic and travel forecasts, design standards, performance criteria, and funding availability. The long-range systems plan shall be developed with participation of the public and local and regional governmental entities and pursuant to the planning goals and processes set forth in 1988 Acts and Resolves No. 200. The plan shall be consistent with the Comprehensive Energy Plan (CEP) issued under 30 V.S.A. § 202b .
  2. Corridor studies.   The Agency shall develop transportation corridor studies as needed, consistent with asset management policies implemented by the Agency, that identify environmental issues, community concerns, and travel projections. For each corridor, problems shall be identified and ranked according to their criticality and severity.
  3. Transportation Program.   The Transportation Program shall be developed in a fiscally responsible manner to accomplish the following objectives:
    1. managing, maintaining, and improving the State’s existing transportation infrastructure to provide capacity, safety, and flexibility in the most cost-effective and efficient manner;
    2. developing an integrated transportation system that provides Vermonters with transportation choices;
    3. strengthening the economy, protecting the quality of the natural environment, and improving Vermonters’ quality of life; and
    4. achieving the recommendations of the CEP.
  4. Project identification and scope.   The Agency shall identify and develop specific projects consistent with the objectives set forth in subsection (c) of this section. For each project, a project scope shall be prepared to identify the problem to be resolved by the project, the preferred alternative, project limits, and its conceptual design and estimated costs.
  5. Information manual.   An information manual giving a clear description of the planning process shall be prepared for town officials and the public.

HISTORY: Added 1989, No. 246 (Adj. Sess.), § 36; amended 2003, No. 160 (Adj. Sess.), § 31, eff. June 9, 2004; 2017, No. 139 (Adj. Sess.), § 11.

History

Amendments

—2017 (Adj. Sess.) Subsec. (a): Substituted “General Assembly,” for “legislature,” in the second sentence, inserted “and” preceding “local and regional” and substituted “1988 Acts and Resolves No 200” for “No. 200 of the Acts of the 1987 Adj. Sess. (1988)” in the third sentence, and added the fourth sentence.

Subsec. (c): Added “and” following “quality of life” in subdiv. (3) and added subdiv. (4).

—2003 (Adj. Sess.). Subsec. (b): Inserted “transportation” following “develop”; substituted “as needed, consistent with asset management polices implemented by the agency, which identify” for “for the highway mode identifying”.

Subsec. (c): Added.

Subsec. (d): Redesignated former subsec. (c) as present subsec. (d) and amended generally.

§ 10j. Intermodal and multimodal transportation facilities; project planning criteria.

  1. Initial screening/threshold requirements.   In considering a proposal for an intermodal or multimodal transportation facility, the Agency shall take into account the size of the community, the location of the proposed facility, and the presence of a logical combination of transportation modes. An intermodal facility requires the presence of several modes of transportation and a reasonable need to connect the different modes in a manner not easily done without the presence of a dedicated intermodal facility.
  2. Project information.   The Agency shall adopt a policy identifying the basic information to be provided in any application for a proposed intermodal or multimodal facility.
  3. Project evaluation.   Applications will be evaluated based on:
    1. usage potential (i.e., how many people will be boarding and alighting at this location);
    2. need for transfer facilities (i.e., how many will be transferring between vehicles or modes, and need to wait for connections);
    3. modal connections (i.e., do modes actually connect at this location, what are the frequencies, and how many people will be making the connection);
    4. opportunities for savings resulting from combining facilities (e.g., if railroad and bus stations are in the same building, does that save capital or operating dollars);
    5. relationship of proposed costs to usage/revenue (annualized capital and operating costs per boarding);
    6. relationship to 10 V.S.A. chapter 151 (1970 Acts and Resolves No. 250, as amended), 22 V.S.A. chapter 14 (historic preservation), 24 V.S.A. chapter 76A (historic downtown development) and the planning goals of 24 V.S.A. § 4302 ;
    7. whether the proposed project addresses needs identified in policy or service plans for other modes (i.e., intercity bus, passenger rail, aviation);
    8. long-term viability from an operations and maintenance perspective; and
    9. self-sustainability of project funding (i.e., what, if any, level of ongoing subsidy will be needed).
  4. Project managers.   A project manager shall be assigned to each intermodal and multimodal transportation facility project that has received State or federal funding and this assignment shall not delay the construction schedule.
  5. State funding.   It shall be the policy of the State that State funds not be expended on intermodal or multimodal projects that have federal funds specifically designated for them until they enter the construction phase.

HISTORY: Added 1999, No. 156 (Adj. Sess.), § 11, eff. May 29, 2000.

History

Revision note

—2021. In subdiv. (c)(6), substituted “1970 Acts and Resolves No. 250” to conform to V.S.A. style.

§ 10k. Statement of policy; asset management; sale of State property.

  1. The Agency shall develop an asset management plan that is a systematic goal- and performance-driven management and decision-making process of operating, maintaining, and upgrading transportation assets cost-effectively. At a minimum, the asset management system shall:
    1. identify transportation system indicators by which the different components of the transportation system may be evaluated;
    2. list all of the infrastructure assets and their condition, including pavements, structures, and facilities;
    3. include deterioration rates for infrastructure assets; and
    4. determine, long-term, the annual funds necessary to fund infrastructure maintenance at the recommended performance level.
  2. The Agency shall not negotiate nor offer for sale any State property for less than fair market value without the prior approval of the General Assembly, if in session, and, if not in session, the Joint Fiscal Committee. The Agency may sell or lease land to municipalities for less than fair market value when and for so long as the land is to be used by the municipality for transportation purposes.

HISTORY: Added 2001, No. 64 , § 24, eff. June 16, 2001; amended 2003, No. 56 , § 66, eff. June 4, 2003; 2003, No. 160 (Adj. Sess.), § 32, eff. June 9, 2004; 2021, No. 20 , § 80.

History

Amendments

—2021. Subsec. (a): Substituted “that” for “which” and “goal-” for “goal”.

Subdiv. (a)(2): Deleted “, but not limited to,”.

—2003 (Adj. Sess.). Deleted former subdiv. (a)(2), redesignated former subdiv. (a)(1) as present subdiv. (a)(2) and added present subdiv. (a)(1).

—2003. Rewrote the section heading.

Subsec. (a): Designated the existing provisions of the section as subsec. (a).

Subsec. (b): Added.

§ 10l. Agency cooperation with regional planning commissions.

  1. Legislative intent.   The General Assembly finds that regional planning commissions possess a unique expertise that enables the Agency to conduct rural transportation planning and local consultation activities that build upon the integration of land use, environmental, and economic development inputs. To ensure the Agency continues to meet its local consultation requirements found in 23 C.F.R. § 250.212, the General Assembly requires the following duties of regional planning commissions as part of an annual contract and work preparing the transportation planning initiative (TPI).
  2. Duties of regional planning commissions.   Regional planning commissions, serving areas of the State not qualifying as a Metropolitan Planning Area under federal regulations, shall implement the transportation planning initiative (TPI) program. This program provides the mechanism by which the Agency coordinates policy development and planning to ensure the involvement by Vermont citizens and rural local officials. It shall include:
    1. Ensuring that local officials and citizens are involved in the statewide transportation planning process.
    2. Providing technical assistance to facilitate local officials and staff in making transportation policy and investment decisions.
    3. Coordinating town planning and development regulations to meet better State transportation policies and investment priorities.
    4. Participating in State and national transportation policy and planning development processes to ensure regional and local input.
    5. Implementing a project evaluation process to prioritize all transportation projects within the regions utilizing State or federal funds to be included in the State Transportation Program.
    6. Developing and maintaining a regional, multi-modal transportation plan that clearly details regional and local project, planning, and policy priorities.
    7. Maintaining a regional transportation advisory committee (TAC) that reviews and provides input on all major State and federal transportation planning and policy decisions. In order to facilitate this input, the regional planning commissions, in collaboration with the Agency of Transportation, shall provide warning and notice of all public meetings regarding transportation plans, projects, and proposals.

HISTORY: Added 2007, No. 75 , § 31.

History

References in text.

23 C.F.R. § 250.212, referenced in subsec. (a), does not exist. Planning requirements are codified as 23 C.F.R. part 450.

Revision note

—2021. In subsec. (b), deleted “, but not be limited to” following “shall include” in accordance with 2013, No. 5 , § 4.

§ 11. Transportation Fund.

The Transportation Fund shall comprise the following:

  1. all taxes, penalties, and fees received by the Commissioner of Motor Vehicles except those relating to motorboats imposed under 23 V.S.A. chapter 29, which shall be expended pursuant to 23 V.S.A. § 3319 ;
  2. the revenue derived from the taxes on motor fuel as provided for by Title 23;
  3. all grants from the federal government and regional associations for transportation purposes except for snowmobiles and motorboats;
  4. monies received from the sales and use tax on aviation jet fuel and on natural gas used to propel a motor vehicle under 32 V.S.A. chapter 233, and from the portion of a local option tax on the sale of aviation jet fuel specified in 24 V.S.A. § 138 ;
  5. receipts from pilot and aircraft license fees;
  6. all penalties and fines imposed under this title and Titles 5 and 23;
  7. both statewide and departmental indirect cost recoveries from federal sources by the Agency of Transportation;
  8. other miscellaneous sources including the sale of maps, plans, and reports, fees collected by the Travel Information Council, leases for property at State-owned airports and railroads, proceeds from the sale of State surplus property under the provisions of 29 V.S.A. §§ 1556 and 1557, and proceeds from the sale of recycled materials.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 51 , § 1a; 1993, No. 27 , § 1; 1999, No. 62 , § 260, eff. June 2, 1999; 2009, No. 50 , § 66; 2011, No. 153 (Adj. Sess.), § 43, eff. July 1, 2013; 2017, No. 158 (Adj. Sess.), § 37, eff. Jan. 1, 2019.

History

Revision note—

Deleted the subsec. (a) designation at the beginning of the section to conform with V.S.A. style.

In subdiv. (2), deleted “Title 32 and” preceding “Title 23”. 32 V.S.A. Chapter 217, relating to taxation of gasoline and other motor fuels, was repealed by 1985, No. 207 (Adj. Sess.), § 3. 1985, No. 207 (Adj. Sess.), § 1, reenacted the provisions as 23 V.S.A. chapter 28.

Amendments

—2017 (Adj. Sess.). Subdiv. (4): Added “, and from the portion of a local option tax on the sale of aviation jet fuel specified in 24 V.S.A. § 138 ;” at the end of the sentence.

—2011 (Adj. Sess.). Subdiv. (4): Inserted “and on natural gas used to propel a motor vehicle” following “fuel”.

—2009. Subdiv. (8): Amended generally.

—1999. Added new subdiv. (7) and redesignated former subdiv. (7) as present subdiv. (8).

—1993. Subdiv. (7): Inserted “fees collected by the travel information council” following “reports”.

—1989. Added subsec. (a) designation to undesignated provision at the beginning of the section.

Subdiv. (a)(1): Added “except those relating to motorboats imposed under chapter 29 of Title 23 which shall be expended pursuant to 23 V.S.A. § 3319 ” following “vehicles”.

Subdiv. (a)(3): Added “except for snowmobiles and motorboats” following “purposes”.

Subdiv. (a)(6): Rewritten.

Payment of penalties. Any person required to pay a civil or criminal penalty related to a motor vehicle violation is also required to pay surcharges for deposit into the Victim’s Compensation Fund pursuant to 13 V.S.A. § 7282(a)(8) , and into the Crime Victim’s Restitution Special Fund pursuant to 13 V.S.A. § 7282(a)(9) .

Pursuant to 13 V.S.A. § 7251 (b): “Fines, forfeitures, and penalties imposed by the Judicial Bureau for all speeding traffic violations under Title 23 V.S.A. chapter 13, subchapter 8 entitled “speed restrictions” on State highways and for height and width violations under 23 V.S.A. § 1431 and length violations under 23 V.S.A. § 1432 on town highways resulting from the enforcement by towns within the jurisdiction of the town shall be paid to the town by the formula set forth by subsection (c)” of 13 V.S.A. § 7251 .

Prior law.

19 V.S.A. § 8 .

CROSS REFERENCES

Regulation of aeronautics and surface transportation generally, see Title 5.

Bicycle route funding, see § 2302 of this title.

Regulation of motor vehicles and traffic generally, see Title 23.

§ 11a. Transportation funds appropriated for the Department of Public Safety.

  1. No transportation funds shall be appropriated for the support of government other than for the Agency, the Board, Transportation Pay Act Funds, construction of transportation capital facilities, transportation debt service, the operation of information centers by the Department of Buildings and General Services, and the Department of Public Safety. The amount of transportation funds appropriated to the Department of Public Safety shall not exceed:
    1. $25,250,000.00 in fiscal year 2014;
    2. $22,750,000.00 in fiscal years 2015 and 2016;
    3. $21,150,000.00 in fiscal year 2017; and
    4. $20,250,000.00 in fiscal year 2018 and in succeeding fiscal years.
  2. In fiscal year 2017, of the funds appropriated to the Department of Public Safety pursuant to subsection (a) of this section, the amount of $1,680,000.00 is allocated exclusively for the purchase, outfitting, assignment, and disposal of State Police vehicles. In fiscal year 2018 and in succeeding fiscal years, of the funds appropriated to the Department of Public Safety pursuant to subsection (a) of this section, the amount of $2,100,000.00 is allocated exclusively for the purchase, outfitting, assignment, and disposal of State Police vehicles. Any unexpended and unencumbered funds remaining in this allocation at the close of a fiscal year shall revert to the Transportation Fund. The Department of Public Safety may periodically recommend to the General Assembly that this allocation be adjusted to reflect market conditions for the vehicles and equipment.

HISTORY: Added 2001, No. 141 (Adj. Sess.), § 42; amended 2003, No. 56 , § 30, eff. June 4, 2003; 2003, No. 68 , § 38, eff. July 1, 2004; 2003, No. 160 (Adj. Sess.), § 16, eff. June 9, 2004; 2005, No. 80 , § 43; 2005, No. 175 (Adj. Sess.), § 51; 2007, No. 65 , § 271; 2007, No. 192 (Adj. Sess.), § 7.001; 2009, No. 1 (Sp. Sess.), § E.900; 2011, No. 162 (Adj. Sess.), § E.922; 2013, No. 12 , § 27; 2015, No. 58 , § E.900; 2015, No. 158 (Adj. Sess.), § 4; 2017, No. 3 , § 73, eff. March 2, 2017.

History

Former § 11a. Former § 11a, relating to the Lake Champlain bridges account, was derived from 1987, No. 59 , § 12.

Editor’s note

—2003. The amendment to this section by 2003, No. 68 , § 38 superseded the amendment to this section by 2003, No. 56 , § 30.

Amendments

—2017. Subsec. (b): Amended generally.

—2015 (Adj. Sess.). Added the subsec. (a) designation, rewrote subdiv. (a)(3), and added subdiv. (a)(4) and subsec. (b).

—2015. Subdiv. (2): Substituted “years” for “year” and inserted “and 2016” following “2015”.

Subdiv. (3): Substituted “2017” for “2016”.

—2013. Rewrote the introductory paragraph, added the subdiv. (1) designation and added “in fiscal year 2014” at the end of that subdiv., and added subdivs. (2) and (3).

—2011 (Adj. Sess.). Inserted “the department of buildings and general services information centers” following “service,” and deleted subdivs. (1)-(3).

—2009 (Sp. Sess.) Substituted “the department of public safety” for “support of government” in the section heading; added the subsec. (a) designation to the former undesignated paragraph, and added subdivs. (1)-(3).

—2007 (Adj. Sess.). Substituted “ $32,852,807.00” for “$35,007,219” at the end of the section.

—2007. Act No. 65, Sec. 271 substituted “$35,007,219.00” for “$35,440,855” at the end of the section.

—2005 (Adj. Sess.). Deleted “the cost of maintaining and staffing rest areas” following “transportation pay act funds”; inserted “and thereafter” following “2007”; and substituted “$35,440,855.00” for “$38,221,563” at the end of the section.

—2005. Deleted “For fiscal year 2006 and thereafter” preceding “the maximum” and capitalized “the”; inserted “the transportation board,” preceding “transportation pay act” and “for fiscal year 2006” preceding “shall not exceed”; substituted “18.0 percent” for “18.5 percent”; and added “and for fiscal year 2007 shall not exceed $38,221,563.00” following “fund appropriations” at the end of the section.

—2003 (Adj. Sess.). Substituted “For fiscal year 2006 and thereafter, the” for “The” at the beginning of the section and “18.5” for “19” preceding “percent”.

—2003. Act No. 68, § 38, eff. July 1, 2004, substituted “19 percent” for “20.5 percent”.

§ 11b. Town Highway Revolving Fund.

There is created a special account within the Transportation Fund known as the Town Highway Revolving Fund for the purpose of charging the expense for work performed for towns by the Agency. All receipts from towns for performance of these services shall be credited to this account. The Commissioner of Finance and Management may incur overdrafts, not to exceed $250,000.00 in total, in this account in anticipation of amounts due from towns. However, the Commissioner may waive the limitation on overdrafts to the extent that a town’s reimbursement to the State is contingent on the town’s receipt of emergency relief funds from federal sources.

HISTORY: Added 1991, No. 35 , § 6, eff. May 18, 1991; 1991, No. 120 (Adj. Sess.), § 1, eff. Feb. 21, 1992; 1999, No. 18 , § 17, eff. May 13, 1999.

History

Amendments

—1999. Substituted “federal sources” for “the Federal Emergency Management Agency” at the end of the fourth sentence.

—1991 (Adj. Sess.). Added the last sentence.

§ 11c. Deposit in escrow account of amounts retained from progress payments.

Upon satisfactory completion of the contract work and full settlement or payment of all damages, claims, or liabilities incurred in connection with the contract work, the retained percentage and any interest accrued, shall be paid to the contractor or consultant. If the escrow conditions are not fulfilled, then the Agency shall be paid the retained percentage and any interest accrued or such amount necessary to settle or pay the damages, claims, or liabilities.

HISTORY: Added 1993, No. 27 , § 2.

§ 11d. Funds for rehabilitation of historic bridges.

  1. Notwithstanding 32 V.S.A. § 706(1) and (2), the Agency of Transportation may transfer funds to the Division for Historic Preservation in the Agency of Commerce and Community Development to be used for the following purposes:
    1. Repairing, rehabilitating, restoring, and maintaining historic bridges. To the maximum extent feasible, bridges shall be made available to the public for transportation and recreational uses, including bicycle paths, hiking trails, snowmobile trails, fishing access, picnic areas, or rest stops.
    2. Grants to municipalities, nonprofit corporations, State agencies, or other responsible parties for the repair and maintenance of historic bridges.
    3. Funding for planning and engineering studies for the preservation of historic bridges.
    4. Moving, storing, or otherwise preserving historic bridges.
  2. Funds transferred may include appropriations from the Transportation Fund, federal funds made available to mitigate the adverse effects of new construction on historic bridges, and monies from other public or private sources.
  3. Transfer of funds under this section shall constitute acceptance by the Division for Historic Preservation that funds transferred will be used solely for the preservation of historic bridges as outlined in subsection (a) of this section. Transfers, however, may be conditioned upon use for one or more specific purposes identified by subsection (a) of this section.

HISTORY: Added 1993, No. 36 , § 2; amended 1995, No. 190 (Adj. Sess.), § 1(a); 2021, No. 20 , § 81.

History

Revision note

—2011. In subsec. (a), substituted “§ 706(1) and (2)” for “§ 706(a)(1) and (b)” for purposes of clarity and to correct an error in the reference.

Editor’s note—

Redesignated this section, as added by 1993, No. 36 , § 2, as § 11d to avoid conflict with § 11c, as added by 1993, No. 27 , § 2.

Amendments

—2021. Subdiv. (a)(1): Deleted “but not limited to”.

Subsec. (b): Deleted “, but are not limited to,” and substituted “monies” for “moneys”.

—1995 (Adj. Sess.) Subsec. (a): Substituted “agency of commerce and community development” for “agency of development and community affairs”.

CROSS REFERENCES

Preservation of historic bridges generally, see § 317 of this title.

§ 11e. Reimbursements.

Receipts for damage to State property under the control of the Agency of Transportation, other than recoveries under 32 V.S.A. § 134 , sales of supplies, interdepartmental transfers for maintenance of roads under the jurisdiction of other departments of the State, receipts from the Efficiency Vermont Program, and receipts from municipalities and public utilities cooperating with the Agency of Transportation for highway or grade crossing work shall be credited to the same account from which the expenditures have been or will be incurred.

HISTORY: Added 1995, No. 178 (Adj. Sess.), § 235; amended 2003, No. 56 , § 60, eff. June 4, 2003.

History

Amendments

—2003. Inserted “receipts from the Efficiency Vermont program,” preceding “and receipts from municipalities”.

§ 11f. Transportation Infrastructure Bond Fund.

  1. There is created a special fund within the Transportation Fund known as the Transportation Infrastructure Bond Fund to consist of funds raised from the motor fuel transportation infrastructure assessments levied pursuant to 23 V.S.A. §§ 3003(a) and 3106(a). Interest from the Fund shall be credited to the Fund, and the amount in the Fund shall carry forward from year to year.
  2. As used in this section, the terms “Transportation Infrastructure Bonds Debt Service Fund” and “debt service obligations” are as defined in 32 V.S.A. § 951a .
  3. Monies in the Transportation Infrastructure Bond Fund shall be transferred to the Transportation Infrastructure Bonds Debt Service Fund to cover all debt service obligations of transportation infrastructure bonds that are due in the current fiscal year and as otherwise required in accordance with any trust agreement pertaining to such bonds.
  4. Provided that resources in the Transportation Infrastructure Bonds Debt Service Fund are sufficient in amount to cover all debt service obligations of transportation infrastructure bonds that are due in the current fiscal year and to meet all other obligations set forth in any trust agreement pertaining to any such bonds, any remaining balance in the Transportation Infrastructure Bond Fund may be used to pay for:
    1. the rehabilitation, reconstruction, or replacement of State bridges, culverts, roads, railroads, airports, and necessary buildings that, after such work, have an estimated minimum remaining useful life of 10 years;
    2. the rehabilitation, reconstruction, or replacement of municipal bridges, culverts, and highways that, after such work, have an estimated minimum remaining useful life of 10 years; and
    3. up to $100,000.00 per year for operating costs associated with administering the capital expenditures.
  5. To the extent in the current fiscal year any balance remains in the Transportation Infrastructure Bond Fund after all transfers required by subsection (c) of this section have been made and all appropriations authorized by subsection (d) of this section are accounted for, such remaining balance may be transferred to the Transportation Infrastructure Bonds Debt Service Fund to cover debt service obligations of transportation infrastructure bonds that are due in future fiscal years.
  6. The assessments for motor fuel transportation infrastructure assessments paid pursuant to 23 V.S.A. §§ 3003(a) and 3106(a) shall not be reduced below the rates in effect at the time of issuance of any transportation infrastructure bond until the principal, interest, and all costs that must be paid in order to retire the bond have been paid.
  7. Except as provided in subsection (h) of this section, all transfers of funds from the Transportation Infrastructure Bond Fund to the Transportation Infrastructure Bonds Debt Service Fund shall be approved by the General Assembly.
  8. To minimize disruption of summer construction schedules, it is the policy of the State to have a balance in the Transportation Infrastructure Bonds Debt Service Fund at the end of each fiscal year that is sufficient in amount to cover all debt service obligations of transportation infrastructure bonds that are due or are anticipated to be due in the succeeding fiscal year. To achieve the policy objective of ensuring the State’s transportation infrastructure bond obligations are fulfilled with a minimum of disruption to the construction schedules of approved projects, in the event that revenue, economic, or other conditions vary from those assumed in the consensus forecast and in the budget process in which the General Assembly approved transfers to the Transportation Infrastructure Bonds Debt Service Fund, the Secretary of Transportation with the approval of the Secretary of Administration may, notwithstanding the provisions of 32 V.S.A. § 706 :
    1. transfer appropriations of transportation infrastructure bond funds to the Transportation Infrastructure Bonds Debt Service Fund; and
    2. transfer appropriations of transportation funds to replace transportation infrastructure bond funds transferred under subdivision (1) of this subsection, provided no significant delay in the construction schedule of any approved project results from the transfer.
  9. After executing a transfer authorized by subsection (h) of this section, the administration shall give prompt notice thereof to the Joint Fiscal Office and submit an explanation and description of the action taken to the Joint Fiscal Committee at its next scheduled meeting.

HISTORY: Added 2009, No. 50 , § 27; amended 2011, No. 63 , § F.100, eff. June 2, 2011.

History

Amendments

—2011. Section amended generally.

§ 12. Appropriations to Agency of Transportation.

Monies appropriated from the Transportation Fund to the Agency shall be appropriated to the Agency accounts for the following purposes:

  1. construction and maintenance of State highways, railroads, and airports, including necessary buildings and equipment;
  2. aid to municipalities for the support of class 1, 2, or 3 town highways and bridges;
  3. general administration of the Agency, including a grant for pensions;
  4. debt service for principal and interest of highway bonds;
  5. operation of public transit systems, railroads, and airports, including administration of appropriate sections of Title 5; and
  6. operation of the Department of Motor Vehicles, including administration of Title 23.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 9 .

CROSS REFERENCES

Airports and air navigation facilities, see 5 V.S.A. chapter 15.

Annual appropriation for town highways and bridges, see § 306 of this title.

Transportation Fund Budget Stabilization Reserve, see 32 V.S.A. § 308a .

Appropriations generally, see 32 V.S.A. chapter 9.

§ 12a. Transportation Program provided to the Committees on Transportation.

The Transportation Program shall be provided by the Agency of Transportation to the members of the House and Senate Committees on Transportation following the presentation of the State budget to the General Assembly by the Governor as required by 32 V.S.A. § 306 .

HISTORY: Added 1989, No. 121 , § 20c; amended 1989, No. 246 (Adj. Sess.), § 39; 2001, No. 141 (Adj. Sess.), § 22, eff. June 21, 2002; 2003, No. 160 (Adj. Sess.), §§ 33, 50, eff. June 9, 2004.

History

Amendments

—2003 (Adj. Sess.). In the section heading, substituted “program provided to the committees on transportation” for “budgets” and rewrote the section.

—2001 (Adj. Sess.) Subsec. (c): Substituted “On or before December 31 of each year, the agency” for “The agency”, and “house and senate committees on transportation” for “general assembly together with its budget request”.

—1989 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a) and added subsecs. (b) and (c).

§ 12b. Joint Transportation Oversight Committee.

  1. There is created a Joint Transportation Oversight Committee composed of the Chairs of the House and Senate Committees on Appropriations, the House and Senate Committees on Transportation, the House Committee on Ways and Means, and the Senate Committee on Finance. The Committee shall be chaired alternately by the Chairs of the House and Senate Committees on Transportation, and the two-year term shall run concurrently with the biennial session of the General Assembly. The Chair of the Senate Committee on Transportation shall chair the Committee during the 2009-2010 legislative session.
  2. The Committee shall meet during adjournment for official duties. Meetings shall be convened by the Chair and, when practicable, shall be coordinated with the regular meetings of the Joint Fiscal Committee. Members shall be entitled to compensation and reimbursement pursuant to 2 V.S.A. § 23 . The Committee shall have the assistance of the staff of the Office of Legislative Counsel, the Office of Legislative Operations, and the Joint Fiscal Office.
  3. The Committee shall provide legislative oversight of the Transportation Fund revenues collection and the operation and administration of the Agency of Transportation construction, paving, and rehabilitation programs. The Secretary of Transportation shall report to the Committee upon request.
  4. If and when applicable, the Secretary shall submit electronically to the Joint Fiscal Office for distribution to members of the Committee a report summarizing any plans or actions taken to delay project schedules as a result of:
    1. a generalized increase in bids relative to project estimates;
    2. changes in the consensus revenue forecast of the Transportation Fund or Transportation Infrastructure Bond Fund; or
    3. changes in the availability of federal funds.

HISTORY: Added 1993, No. 25 , § 78, eff. May 18, 1993; amended 1993, No. 211 (Adj. Sess.), § 11, eff. June 17, 1994; 2005, No. 80 , §§ 44, 45; 2009, No. 50 , § 87; 2009, No. 123 (Adj. Sess.), § 23; 2011, No. 153 (Adj. Sess.), § 30; 2015, No. 158 (Adj. Sess.), § 22; 2019, No. 144 (Adj. Sess.), § 28; 2021, No. 20 , § 82.

History

Amendments

—2021. Subsec. (a): Substituted “General Assembly” for “Legislature” in the second sentence.

Subsec. (c): Deleted “Oversight” preceding “Committee” in the second sentence.

Subsec. (d): Deleted “Joint Transportation Oversight” preceding “Committee”.

—2019 (Adj. Sess.). Subsec. (b): Substituted “23” for “406” in the second sentence and substituted “Counsel, the Office of Legislative Operations,” for “Council” in the last sentence.

—2015 (Adj. Sess.). Subsec. (b): Inserted “Office of ” preceding “Legislative Council” in the last sentence.

Subsec. (c): Substituted “oversight” for “overview” following “legislative” in the first sentence.

Subsec. (d): Amended generally.

—2011 (Adj. Sess.). Subsec. (d): Amended generally.

—2009 (Adj. Sess.) Added the second sentence in subsec. (b) and rewrote subdivs. (d)(1) and (d)(2).

—2009. Subsec. (a): Added the last two sentences.

—2005. Subsec. (b): Rewrote the former first sentence as the present first and second sentences.

Subsec. (d): Added.

—1993 (Adj. Sess.). Subsec. (c): Substituted “upon request” for “quarterly on progress toward implementation of recommendations of the management study of the agency of transportation overseen by the committee and completed during fiscal year 1990” following “oversight committee” in the second sentence and deleted the third sentence.

Federal infrastructure funding. 2021, No. 55 , § 12, effective June 3, 2021, provides: “(a) Notwithstanding Sec. 1 of this act; 2020 Acts and Resolves No. 121, Sec. 1; 19 V.S.A. § 10g(n) ; and 32 V.S.A. § 706 , if a federal infrastructure bill or other federal legislation that provides for infrastructure funding is enacted that provides Vermont with additional federal funding for transportation-related projects, the Secretary, with approval from the Joint Transportation Oversight Committee pursuant to subdivision (c)(2) of this section, is authorized to exceed federal monies spending authority in the Fiscal Year 2021 and Fiscal Year 2022 Transportation Programs and to obligate and expend federal monies and up to $2,000,000.00 in State Transportation Fund monies on development and evaluation for additional projects that meet federal eligibility and readiness criteria and have been evaluated through the Agency’s prioritization process but are not in the Fiscal Year 2021 or Fiscal Year 2022 Transportation Program.

“(b) Nothing in subsection (a) of this section shall be construed to authorize the Secretary to obligate or expend:

“(1) State TIB funds above amounts authorized in the Fiscal Year 2021 or Fiscal Year 2022 Transportation Program; or

“(2) State Transportation Fund monies if the Agency does not:

“(A) expect to accept and obligate federal monies pursuant to subsection (a) of this section in an amount sufficient to cover the additional expenditure of State Transportation Fund monies; and

“(B) expect the projects for which State Transportation Fund monies are used to eventually be eligible for funding entirely through federal monies.

“(c)(1) The Agency shall promptly report the obligation or expenditure of monies under the authority of this section to the House and Senate Committees on Transportation and to the Joint Fiscal Office while the General Assembly is in session.

“(2)(A) Consistent with 19 V.S.A. § 12b(c) , the Agency shall promptly report any changes in the availability of federal funds and the anticipated obligation or expenditure of monies under the authority of this section to the Joint Fiscal Office, the Joint Fiscal Committee, and the Joint Transportation Oversight Committee.

“(B) If the Joint Transportation Oversight Committee disapproves of the anticipated obligation or expenditure of monies under the authority of this section, it shall provide notice of that disapproval, and an explanation of the basis for the disapproval, to the Agency within 30 calendar days following receipt of the report of the anticipated expenditure.

“(C) If the Joint Transportation Oversight Committee disapproves of an anticipated obligation or expenditure of monies under subdivision (B) of this subdivision (2), the Agency may revise and resubmit for further consideration.

“(D) If the Joint Transportation Oversight Committee does not disapprove of the anticipated obligation or expenditure of monies under the authority of this section within 30 calendar days of receipt of the report of the anticipated obligation or expenditure or receipt of a revised submittal, then the anticipated obligation or expenditure is deemed approved.

“(d) Subsections (a) and (b) of this section shall continue in effect until February 1, 2022.”

§ 12c. Repealed. 2009, No. 123 (Adj. Sess.), § 55.

History

Former § 12c. Former § 12c, relating to the rest area advisory committee, was derived from 2005, No. 175 (Adj. Sess.), § 59.

§ 13. Central Garage Fund.

  1. There is created the Central Garage Fund, which shall be used:
    1. to furnish equipment on a rental basis to the districts and other sections of the Agency for construction, maintenance, and operation of highways or other transportation activities; and
    2. to provide a general equipment repair and major overhaul service as well as to furnish necessary supplies for the operation of the equipment.
  2. To maintain a safe, reliable equipment fleet, new or replacement highway maintenance equipment shall be acquired using Central Garage Fund monies. The Agency is authorized to acquire replacement pieces for existing highway equipment or new, additional equipment equivalent to equipment already owned; however, the Agency shall not increase the total number of permanently assigned or authorized motorized or self-propelled vehicles without approval by the General Assembly.
    1. For the purpose specified in subsection (b) of this section, the following amount shall be transferred from the Transportation Fund to the Central Garage Fund: (c) (1) For the purpose specified in subsection (b) of this section, the following amount shall be transferred from the Transportation Fund to the Central Garage Fund:
      1. in fiscal year 2021, $1,355,358.00; and
      2. in subsequent fiscal years, at a minimum, the amount specified in subdivision (A) of this subdivision (1) as adjusted annually by increasing the previous fiscal year’s amount by the percentage increase in the Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U) during the two most recently closed State fiscal years.
    2. Each fiscal year, the sum of the following shall be appropriated from the Central Garage Fund exclusively for the purpose specified in subsection (b) of this section:
      1. the amount transferred pursuant to subdivision (1) of this subsection;
      2. the amount of the equipment depreciation expense from the prior fiscal year; and
      3. the amount of the net equipment sales from the prior fiscal year.
  3. In each fiscal year, net income of the Fund earned during that fiscal year shall be retained in the Fund.
  4. For the purposes of computing net worth and net income, the fiscal year shall be the year ending June 30.
  5. As used in this section, “equipment” means registered motor vehicles and highway maintenance equipment assigned to the Central Garage.
  6. [Repealed.]

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1995, No. 60 , § 21, eff. April 25, 1995; 1999, No. 18 , § 5, eff. May 13, 1999; 1999, No. 156 (Adj. Sess.), § 36, eff. May 29, 2000; 2003, No. 160 (Adj. Sess.), § 50, eff. June 9, 2004; 2005, No. 80 , §§ 40, 46; 2007, No. 75 , § 23; 2007, No. 121 (Adj. Sess.), § 14; 2009, No. 123 (Adj. Sess.), § 21; 2017, No. 158 (Adj. Sess.), § 18; 2019, No. 59 , § 16.

History

Amendments

—2019. Subdiv. (c)(1)(A): Substituted “2021” for “2019”, and substituted “$1,355,358.00” for “$1,318,442.00”.

Subdiv. (c)(1)(B): Substituted “two most recently closed” for “previous” preceding “State fiscal” and “years” for “year” thereafter.

—2017 (Adj. Sess.). Subsec. (a): Substituted “the” for “a” preceding “Central Garage Fund” in the introductory language, deleted “use in” preceding “construction” in subdiv. (1), and added “to” preceding “furnish necessary supplies” in subdiv. (2).

Subsec. (b): Substituted “Fund monies” for “funds” in the first sentence and “without approval by the General Assembly” for “without legislative approval” in the last sentence.

Subsec. (c): Amended generally.

Subsec. (e): Substituted “For the purposes of” for “The fiscal year of the central garage for” and added “, the fiscal year” following “worth and net income”.

Subsec. (f): Substituted “As used in this section,” for “For purposes of this section”.

—2009 (Adj. Sess.) Subsec. (g): Repealed.

—2007 (Adj. Sess.) Deleted former subsecs. (f) and (g), and redesignated former subsecs. (h) and (i) as present subsecs. (f) and (g).

—2007. Subsec. (c): In the second sentence, substituted “2008, $1,120,000.00” for “2006, $1,400,000.00 and in fiscal year 2007”; deleted the comma following “thereafter”; and substituted “$1,120,000.00” for “$1,400,000.00” following “but not less than”.

—2005. Subsec. (c): In the second sentence, deleted “beginning” preceding “in fiscal year” and substituted “2006, $1,400,000.00 and in fiscal year 2007” for “2002” thereafter and inserted “two-thirds of” preceding “one percent” and “but not less than $1,400,000.00” following “fund appropriation”.

Subsec. (i): Added.

—2003 (Adj. Sess.). Subsec. (g): Repealed.

—1999 (Adj. Sess.). Section amended generally.

—1999. Added “and” to the end of subdiv. (a)(1); deleted subdiv.(a)(3); rewrote subsec. (b); and added subsec. (f).

—1995. Subsec. (c): Deleted the second sentence.

Repeal of transfer from the transportation fund to the central garage fund. 2009, No. 90 (a) provides: “Secs. 21 and 28(2) of No. 164 of the Acts of the 2007 Adj. Sess. (2008) (transfers from the transportation fund to the central garage fund) are repealed.”

Prior law.

19 V.S.A. §§ 9a and 9b.

§ 14. State highways.

  1. The State highways shall be those highways so designated on a map entitled “Vermont State Highways,” filed in the Office of the Secretary of State on June 30, 1997, as subsequently modified by additions or deletions made pursuant to subsection (b) of this section.
  2. When an addition or deletion is made to the State highways, the Agency shall complete a mileage certificate showing the highways that are added or deleted and file a copy in the Office of the Secretary of State. It shall also file a copy of the mileage certificate in the town clerk’s office where the highways are located. When the certificates are filed, the transfer of control of the highways shall be deemed to have taken place.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 150 (Adj. Sess.), § 7.

History

Amendments

—1997 (Adj. Sess.). In subsec. (a), added “on June 30, 1997, as subsequently modified by additions or deletions made pursuant to subsection (b) of this section” following “secretary of state” and deleted the last sentence, which read “This map shall be revised biennially by the agency and approved by the board to reflect any additions or deletions”; in subsec. (b), substituted “complete a mileage certificate” for “make maps” in the first sentence, “mileage certificate” for “map of highways” in the second sentence, and “certificates” for “maps” in the third sentence.

Prior law.

19 V.S.A. § 10 .

CROSS REFERENCES

Town highways, see chapter 3 of this title.

Bicycle routes and sidewalks, see chapter 23 of this title.

Scenic roads, see chapter 25 of this title.

Private roads, see chapter 27 of this title.

§ 15. Changes in the State highway system.

  1. Except as provided in subsection (b) of this section, highways may be added to or deleted from the State highway system by:
    1. an act of the General Assembly; or
    2. a proposal by the Agency that is accepted by the legislative body of the affected municipality and approved by an act of the General Assembly.
  2. Upon entering into an agreement with the affected municipality, the Secretary may relinquish to municipal control segments of State highway rights-of-way that have been replaced by new construction and are no longer needed as part of the State highway system. Upon their relinquishment to municipal control, the segments shall become class 3 town highways, and may be reclassified by the municipality in accordance with chapter 7 of this title.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 7; 2013, No. 12 , § 15.

History

Amendments

—2013. Subsec. (a): Added the subsec. designation and substituted “Except as provided in subsection (b) of this section, highways” for “Highways”.

Subdiv. (a)(1): Substituted “an act of the General Assembly” for “legislative action”.

Subdiv. (a)(2): Inserted “an act of” preceding “the General Assembly”.

Subsec. (b): Added.

—1989 (Adj. Sess.). Deleted the subsec. (a) designation; added “or” following “action” in subdiv. (1); deleted former subdiv. (2); redesignated former subdiv. (3) as present subdiv. (2) and in that subdiv. substituted “legislative body of the affected municipality” for “board and the local selectmen” following “accepted by the” and “general assembly” for “governor (deletions from the state to town)” following “approved by the”; and deleted former subsec. (b).

Prior law.

19 V.S.A. § 10 .

§ 15a. Border crossings; cooperation with federal government.

  1. Notwithstanding any other provision of this title but pursuant to the provisions of subsection (b) of this section, the Agency (in the case of State highways) and municipalities (in the case of town highways) are authorized to cooperate with federal projects to modernize border crossings between the United States and Canada by relinquishing to the federal government those portions of State or town highways approaching the border that may be required by the federal government for its border crossing projects.
  2. In connection with the relinquishments authorized in subsection (a) of this section, the Agency and municipalities are authorized to execute agreements with the federal government, including a conveyance of an interest in real property, easements, leases, and other instruments necessary to ensure that federal requirements are met. The federal government shall be responsible for maintenance of those State and town highways relinquished under this section.

HISTORY: Added 2003, No. 56 , § 51, eff. June 4, 2003; amended 2021, No. 20 , § 83.

History

Amendments

—2021. Subsec. (a): Inserted “but pursuant to the provisions of subsection (b) of this section” following “provision of this title” in the beginning of the subsec. and deleted “, pursuant to the provisions of subsection (b) of this section” at the end of the subsec.

Subsec. (b): Substituted “ensure” for “assure” following “instruments necessary to”.

§ 16. Duties of Secretary in unorganized towns and gores.

The Secretary shall have the same power in all matters pertaining to the highways in unorganized towns and gores that selectboards have in organized towns, and may spend any available funds, including State aid and local taxes, to assist unorganized towns and gores for this purpose. After exhausting the right of administrative appeal to the Board under subdivision 5(d)(3) of this title, landowners shall have the same right to appeal from the decision of the Board in the exercise of this power as in like proceedings by selectboards in organized towns.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 17.

History

Amendments

—1993 (Adj. Sess.). Substituted “secretary” for “board” in the section heading; substituted “secretary” for “board” preceding “shall have” and “selectboards” for “selectmen” preceding “have in organized” in the first sentence; and added “after exhausting the right of administrative appeal to the board under section 5(d)(3) of this title” preceding “landowners” and substituted “selectboards” for “selectmen” following “proceedings by” in the second sentence.

Prior law.

19 V.S.A. § 24 .

CROSS REFERENCES

Removal of encroachment or nuisance on highway in unorganized town or gore, see § 1103 of this title.

Notes to Opinions

Annotations From Former § 24.

Power lines.

In unorganized towns and gores, permission for erection of an electric power line in the right-of-way of all types of highways was to be obtained from the State Highway Board. 1952-54 Vt. Op. Att'y Gen. 155.

§ 17. Contracts; labor preference.

A person, firm, or corporation awarded any contract for the construction, reconstruction, improvement, and repair of a highway under the jurisdiction of the Agency shall give preference to Vermont labor and to trucks owned in Vermont and operated by residents of Vermont on all contracts of construction, reconstruction, improvement, and repair, provided this action is not contrary to federal rules and regulations.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 27 .

§ 18. Wages.

In making up specifications and advertising for bids on highway work, the Agency shall fix, subject to local conditions, the minimum wage per hour for various classes of labor and the minimum to be paid per hour or per cubic yard for trucks that the contractor shall be bound to pay.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 2019, No. 59 , § 25.

History

Amendments

—2019. Substituted “Agency” for “board” preceding “shall fix” and “that” for “which” preceding “the contractor”.

Prior law.

19 V.S.A. § 28 .

§ 19. Small business enterprises.

It is declared to be in the best interests of the State and the general welfare of Vermonters to encourage and develop the actual and potential capacity of small business enterprises, and to use this important segment of the State’s economy to the fullest practicable extent in the construction of State highways, including federal aid and interstate highway systems. In order to carry out this intent and encourage full and free competition, the Agency of Transportation shall cooperate with small business enterprises in connection with the State highway construction program. Nothing contained in this section shall be considered or construed as meaning more than a legislative declaration of intent and policy. The decisions and actions of the Agency shall not be subject to judicial challenge.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20 , § 84.

History

Amendments

—2021. Section amended generally.

Prior law.

19 V.S.A. § 28a .

§ 20. Small claims for injury or damage.

The Board shall have exclusive jurisdiction over claims of $5,000.00 or less made for personal injuries or property damage, or both, sustained as the result of the negligence of any employee of the Agency. The Board may hear all parties in interest and may award damages not to exceed $5,000.00. When the Board awards damages, it shall certify its decision to the Commissioner of Finance and Management. Upon the disposition of any appeal or the expiration or waiver of all appeal rights, the Commissioner of Finance and Management shall issue his or her warrant for the amount of the award, with payment in the manner prescribed by 12 V.S.A. § 5604 .

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 18; 2013, No. 12 , § 16.

History

Revision note—

In the second sentence, substituted “commissioner of finance and management” for “commissioner of finance and information support” in light of Executive Order No. 35-87 and to be consistent with 3 V.S.A. § 2281 .

Amendments

—2013. Section amended generally.

—1993 (Adj. Sess.). Substituted “$2,000.00” for “$600.00” following “to exceed” in the first sentence and “in the manner prescribed by 12 V.S.A. § 5604 ” for “from the transportation fund” following “with payment” in the second sentence.

Prior law.

19 V.S.A. § 29 .

CROSS REFERENCES

Liability of State for negligent acts of State employees, see 12 V.S.A. § 5601 .

§ 21. Picnic areas and parking places.

  1. The Agency may purchase, or lease, or take in the manner provided in chapter 5 of this title, as part of the highway, land adjacent to any route that is needed for the preservation of its scenic character, or for the purpose of providing picnic or camping grounds, or for parking areas for the use of travelers, provided that land taken for these purposes by condemnation proceedings shall not extend in width more than 250 feet from the center of the traveled portion of the highway (except limited access facilities).
  2. The Agency shall, as a matter of policy, consider the establishment of wayside rest areas when constructing or reconstructing State highways, and when requested, town highways.  The cost of building or rebuilding the wayside rest areas shall be included in the costs of constructing or reconstructing that highway.  The cost of maintenance of these wayside rest areas shall be included in the cost of maintaining that highway.
  3. [Repealed.]

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 8; 1999, No. 18 , § 18, eff. May 13, 1999; 2007, No. 164 (Adj. Sess.), § 33.

History

Amendments

—2007 (Adj. Sess.) Subsec. (c): Repealed.

—1999. Subsec. (a): Substituted “these” for “such”, “250” for “two hundred fifty” and “highway (except limited access facilities)” for “road”.

—1989 (Adj. Sess.). Subsec. (c): Substituted “agency” for “board” preceding “may make” in the first sentence.

Transfer of responsibility for operation of rest areas. 1991, No. 144 (Adj. Sess.), § 49, eff. April 22, 1992, provided in part: “Effective March 29, 1992, the responsibility for the operation of rest areas is transferred to the agency of development and community affairs.” Pursuant to a June 7, 2005 “Memorandum of Understanding Regarding Reconstruction, Renovation and Operation of Vermont Highway Rest Areas” (the “2005 MOU”) by and among the Agency of Administration, the Agency of Transportation, and the Department of Buildings & General Services (“BGS”), BGS has responsibility over the design, construction, and general operation of rest areas, welcome centers, and information center facilities, and the Agency of Transportation has specified administrative, legal, budgeting, maintenance, and repair responsibilities in connection with these facilities. The 2005 MOU superseded an April 1997 Memorandum of Understanding transferring from the Agency of Commerce and Community Development to BGS general responsibility for rest area planning, construction, and operation. Sec. 39(3) of 1999 Acts and Resolves No. 18 provides that “[t]he department of buildings and general services is authorized to operate rest areas, information and welcome centers as state or private facilities.”

Prior law.

19 V.S.A. § 30 .

CROSS REFERENCES

Community service areas, see chapter 7, subchapter 11 of this title.

Overnight camping at public rest areas, see § 1106 of this title.

§ 22. Penalties.

A person who violates a provision of subsection 21(c) of this title shall be fined not more than $100.00 for each day of violation.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

References in text.

Subsec. 21(c) of this title, referred to in this section, was repealed by 2007, No. 164 (Adj. Sess.), § 33.

Prior law.

19 V.S.A. § 31 .

§ 23. Rights of action; notice.

All rights of action on account of the insufficiency or want of repair of any bridge or culvert on the highways taken over by the State shall exist against the State and not against the town, provided that the notice required in sections 987 and 988 of this title is first given in writing to the Agency, and provided further that liability shall be the same as set forth in section 985 of this title.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 33 .

CROSS REFERENCES

Tort claims against the State, see 12 V.S.A. chapter 189.

Annotations From Former § 33

Basis for State liability

—Generally.

The State had a duty to keep culverts on State highways in reasonably safe condition and that duty, as affecting the State’s liability to pay damages occasioned by defects in culverts, was not measured by the exercise of ordinary care and diligence, but the State was not liable as insurer; as the statute imposed the duty of keeping culverts in good and sufficient repair, if the State was chargeable with any fault in respect of this duty, liability attached. Zeno's Bakery, Inc. v. State, 105 Vt. 370, 166 A. 379, 1933 Vt. LEXIS 226 (1933).

Notes to Opinions

Annotations From Former § 33.

Notice.

There was no liability where the notice given was defective. 1940-42 Vt. Op. Att'y Gen. 245.

—Generally.

In order that there might be liability on the part of the State, it must appear that the accident which caused the injuries occurred while the plaintiffs were passing over the culvert in question and that the insufficiency or want of repair of the structure itself was the direct cause of the injuries sustained. 1934-36 Vt. Op. Att'y Gen. 343.

Lack of a guard rail, suitable to the place and condition, could constitute an insufficiency or want of repair of the culvert. 1934-36 Vt. Op. Att'y Gen. 343.

§ 24. Venue and service.

Any action against the State shall be brought against the State, returnable to the Superior Court in the county where the damages were sustained. Service of the writ shall be made on the Governor or Attorney General.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 34 .

CROSS REFERENCES

Venue and service process in tort actions against the State generally, see 12 V.S.A. § 5601 .

§ 25. Settlement and payment.

After receiving the notice provided for in section 23 of this title, the Agency with the approval of the Attorney General may adjust and settle with the person claiming damages, and the Commissioner of Finance and Management shall issue his or her warrant for payment. All money spent under this section shall be drawn from the Transportation Fund.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note—

In the first sentence, substituted “section 23 of this title” for “section 24” to correct an error in the reference and to conform the reference to V.S.A. style.

In the first sentence, substituted “commissioner of finance and management” for “commissioner of finance and information support” in light of Executive Order No. 35-87 and to be consistent with 3 V.S.A. § 2281 .

Prior law.

19 V.S.A. § 35 .

CROSS REFERENCES

Settlement and payment of claims in tort actions against the State, see 12 V.S.A. §§ 5603 and 5604.

§ 26. Purchase and sale of property.

    1. Subject to subsection (b) of this section: (a) (1) Subject to subsection (b) of this section:
      1. The Agency may purchase or lease any land, taking conveyance in the name of the State, when land is needed in connection with the layout, construction, repair, and maintenance of any State highway or the reconstruction of the highway.
      2. The Agency may acquire or construct buildings necessary for use in connection with this work.
      3. When any of the land or the buildings acquired or the buildings constructed become no longer necessary for these purposes, the Agency may sell or lease the property.
    2. The proceeds from any sale or lease shall be deposited in the Transportation Fund, unless otherwise required by federal law or regulation.
  1. An acquisition or transfer or the construction under this section of property or rights in property with an appraised or other estimated value of $500,000.00 or above, or the acquisition or transfer of an option to acquire property with an appraised or other estimated value of $500,000.00 or above, shall be made with the specific prior approval of the General Assembly of the acquisition, transfer, or construction and its terms or, if the General Assembly is not in session, with the specific prior approval of the Joint Transportation Oversight Committee. The requirement of this subsection shall not apply, however, if the General Assembly has approved a specific project described in the annual Transportation Program and the scope of the project includes the acquisition or transfer of property.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 9; 2003, No. 56 , § 24, eff. June 4, 2003; 2003, No. 80 (Adj. Sess.), § 84, eff. March 8, 2004; 2011, No. 153 (Adj. Sess.), § 47; 2013, No. 167 (Adj. Sess.), § 20.

History

Amendments

—2013 (Adj. Sess.). Subdiv. (a)(2): Deleted “, shall be credited to transportation buildings to be used for transportation building projects previously authorized by the General Assembly” at the end.

—2011 (Adj. Sess.). Subsec. (a): Added the introductory language and designated it as subdiv. (a)(1) and added the subdiv. designations (a)(1)(A)-(C) and (a)(2).

Subsec. (b): Added.

—2003 (Adj. Sess.). Added “to be used for transportation building projects previously authorized by the general assembly” to the end of the fourth sentence.

—2003. Added “and, unless otherwise required by federal law or regulation shall be credited to transportation buildings” to the end of the fourth sentence.

—1989 (Adj. Sess.). Deleted “with the approval of the board” preceding “may sell” in the third sentence.

Prior law.

19 V.S.A. § 37 .

Notes to Opinions

Annotations From Former § 37.

Construction of buildings.

The State Highway Board was authorized to acquire or construct buildings necessary to carry on its work. 1930-32 Vt. Op. Att'y Gen. 169.

Form of deed.

Whether the deed should be quitclaim or warranty, or the consideration expressed as one dollar and other valuable consideration or otherwise, was a matter for the Board. 1954-56 Vt. Op. Att'y Gen. 190.

Sale of land generally.

Under this section, with the approval of the Auditor of Accounts, the Highway Board could sell land which was no longer needed for highway purposes. 1966-68 Vt. Op. Att'y Gen. 83.

Where the State’s interest in the land covered by its highway was no more than an easement or right-of-way for highway purposes only, the State could relinquish by conveying its limited interest only to the holder of the fee. 1966-68 Vt. Op. Att'y Gen. 83.

Use of the word “may” in the statute clothed the Highway Board with discretion as to whether or not it would sell lands acquired for highway purposes but no longer so needed. 1954-56 Vt. Op. Att'y Gen. 134.

Unneeded sections of land acquired for highway purposes could be sold and conveyed. 1940-42 Vt. Op. Att'y Gen. 256.

§ 26a. Determination of rent to be charged for leasing or licensing State-owned property under the Agency’s jurisdiction.

  1. Except as otherwise provided by subsection (b) of this section, or as otherwise provided by law, leases or licenses negotiated by the Agency under 5 V.S.A. §§ 204 and 3405 and section 26 and subsection 1703(d) of this title ordinarily shall require the payment of fair market value rent, as determined by the prevailing area market prices for comparable space or property. However, the Agency may lease or license State-owned property under its jurisdiction for less than fair market value when the Agency determines that the proposed occupancy or use serves a public purpose or that there exist other relevant factors, such as a prior course of dealing between the parties, that justify setting rent at less than fair market value.
  2. Unless otherwise required by federal law, the Agency shall assess, collect, and deposit in the Transportation Fund a reasonable charge or payment with respect to leases or licenses for access to or use of State-owned rights-of-way by providers of broadband or wireless communications facilities or services. The Agency may waive such charge or payment in whole or in part if the provider offers to provide comparable value to the State so as to meet the public good as determined by the Agency and the Department of Public Service. For the purposes of this section, the term “comparable value to the State” shall be construed broadly to further the State’s interest in ubiquitous broadband and wireless service availability at reasonable cost. Any waiver of charges or payments for comparable value to the State granted by the Agency may not exceed five years. Thereafter, the Agency may extend any waiver granted for an additional period not to exceed five years if the Agency makes affirmative written findings demonstrating that the State has received and will continue to receive value that is comparable to the value to the provider of the waiver, or it may revise the terms of the waiver in order to do so.
  3. Nothing in this section shall authorize the Agency to impose a charge or payment for the use of a highway right-of-way that is not otherwise authorized or required by State or federal law.
  4. Nothing in this section shall be construed to impair any contractual rights existing on June 9, 2007. The State shall have no authority under this section to waive any sums due to a railroad. The State shall also not offer any grants or waivers of charges for any new broadband installations in segments of rail corridor where an operating railroad has installed or allowed installation of fiber optic facilities prior to June 9, 2007 unless the State offers equivalent terms and conditions to the owner or owners of existing fiber optic facilities.

HISTORY: Added 1997, No. 150 (Adj. Sess.), § 20; amended 2007, No. 79 , § 10, eff. June 9, 2007; 2013, No. 12 , § 17; 2015, No. 41 , § 14; 2021, No. 20 , § 85.

History

Amendments

—2021. Subsec. (d): Substituted “June 9, 2007” for “the effective date of this section” in the first sentence and “the effective date of 2007 Acts and Resolves No. 79” in the third sentence.

—2015. Subsec. (b): Rewrote the second sentence, substituted “Agency” for “Authority” three times in the fourth and fifth sentences, and deleted the last three sentences.

—2013. Subsec. (a): Substituted “and section 26 and subsection 1703(d) of this title” for “section 26 of this title” in the first sentence.

—2007. Designated the existing provisions of the section as subsec. (a) and, in that subsection, inserted “as otherwise provided by subsection (b) of this section” preceding “as otherwise provided” in the first sentence, and added subsecs. (b)-(d).

§ 27. Throughway designation.

The Agency may designate any State highway or part of a State highway as a throughway and, after notice, may revoke the designation. A town may designate any town highway or part of a town highway within the control of the town as a throughway and, after notice, may revoke the designation.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 38 .

CROSS REFERENCES

Towns highways, see chapter 3 of this title.

§ 28. Regulatory signs.

Except as provided in 23 V.S.A. § 1074 , the designation of a throughway shall not become effective as to regulation of traffic at any point in intersection with any highway until the Agency or the selectboard in a town, as the case may be, shall erect suitable regulatory signs or signals in accordance with the requirements of 23 V.S.A. § 1025 . The Agency or the selectboard in a town, as the case may be, may designate any intersection under their respective jurisdictions as a “stop” intersection or a “yield right of way” intersection.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1991, No. 214 (Adj. Sess.), § 2, eff. May 27, 1992; 1995, No. 73 (Adj. Sess.), § 1.

History

Amendments

—1995 (Adj. Sess.) Substituted “Except as provided in 23 V.S.A. § 1074 , the” for “The” at the beginning of the first sentence and “selectboard” for “board of selectmen” in the first and second sentences.

—1991 (Adj. Sess.). Substituted “regulatory” for “warning” preceding “signs” in the section heading and the first sentence and “in accordance with the requirements of 23 V.S.A. § 1025 ” for “at or near the point” following “signals” in the first sentence.

1991 (Adj. Sess.) amendment. 1991, No. 214 (Adj. Sess.), § 6, eff. May 27, 1992, provided: “Existing signs, referred to in Secs. 2 through 5 of this act [which amended this section and sections 1393, 1395 and 1397 of Title 23], shall be valid until such time as they are replaced or reconstructed. When new signs are erected or placed or existing signs are replaced or repaired, the equipment, design, method of installation, placement or repair shall conform with the standards set forth in this act.”

Prior law.

19 V.S.A. § 39 .

CROSS REFERENCES

Traffic signs, signals, and markings, see 23 V.S.A. chapter 13, subchapter 2.

§ 29. Intersecting highways.

A highway joining a throughway at an angle, whether or not it crosses the throughway, shall be deemed to intersect it.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 40 .

CROSS REFERENCES

Use of roadways, see 23 V.S.A. chapter 13, subchapter 3.

Right of way, see 23 V.S.A. chapter 13, subchapter 4.

Turning and starting and signals on stopping and turning, see 23 V.S.A. chapter 13, subchapter 6.

§ 30. Issue of notes for State highway construction.

The State Treasurer, with the approval of the Governor, may borrow money upon notes of the State in anticipation of the proceeds of transportation bonds that have been or subsequently are authorized by the General Assembly or in anticipation of the proceeds of federal funds made available to Vermont for purposes of construction of transportation facilities, when the construction has been previously authorized by the General Assembly and provision made for the State’s portion of the cost. The notes shall be issued on terms and at times as the State Treasurer and Governor may determine. Not more than $5,000,000.00 principal amount of the notes shall be outstanding at any one time and each note shall mature not later than one year from its date, provided that notes issued for a shorter period may be refunded from time to time by the issue of other notes maturing within the required period. Any purchaser of notes issued under this section may rely on this section as the authorization for the notes and need not examine the availability or amount of the bond authorizations or federal funds being anticipated. This authority is in addition to and not in limitation of any other authority.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20 , § 86.

History

Amendments

—2021. Substituted “General Assembly” for “legislature” following “authorized by the” in the first sentence and “the State Treasurer and Governor” for “they” following “and at times as” in the second sentence.

Prior law.

19 V.S.A. § 47 .

CROSS REFERENCES

State bonds generally, see 32 V.S.A. chapter 13, subchapter 3.

§ 31. Abandonment of project; reconveyance.

If land has been acquired by the State in fee simple for highway purposes, or if the State has acquired a perpetual leasehold in land for highway purposes, and if the land has not been improved subsequent to its acquisition, the State shall not sell or dispose of the land within six years of the date of its acquisition unless it first offers to reconvey it to the person or persons from whom it was acquired or their heirs or assigns, for a consideration equal to the price at which it was acquired, plus interest at the rate of six percent per year from date of acquisition by the State, provided that the address of the person or persons is known to or reasonably ascertainable by the Agency. The person or persons to whom the land is to be offered shall be given written notice of their right to repurchase the land under this section and shall be allowed 60 days to complete the purchase in the event they desire to exercise that right.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 49 .

§ 32. Assumed width of right-of-way.

A roadway width of one and one-half rods on each side of the center of the existing traveled way can be assumed and controlled for highway purposes whenever the original survey was not properly recorded, or the records preserved, or if the terminations and boundaries cannot be determined.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 36 .

CROSS REFERENCES

Width of highways and trails, see § 702 of this title.

ANNOTATIONS

Application.

The three-rod roadway width presumption applies regardless of whether the existing traveled way has wandered from its original route. Town of South Hero v. Wood, 2006 VT 28, 179 Vt. 417, 898 A.2d 756, 2006 Vt. LEXIS 48 (2006).

Town was entitled to rely upon the three-rod presumption when maintaining roads where the dedication was based in part on the public’s long use of the land as a road and in part on defendants’ long acquiescence in the town’s maintenance of the road as a town highway. Town of South Hero v. Wood, 2006 VT 28, 179 Vt. 417, 898 A.2d 756, 2006 Vt. LEXIS 48 (2006).

A town could not justify further inland relocations of a road by successive applications of the statutory three-rod presumption because doing so would amount to a unilateral change in the location of the easement without the consent of defendants, the owners of the servient estates. Accordingly, the town failed in its argument that the statute allowed it to undertake gradual changes that moved the road beyond the inland boundary established by the dedication without compensating defendants. Town of South Hero v. Wood, 2006 VT 28, 179 Vt. 417, 898 A.2d 756, 2006 Vt. LEXIS 48 (2006).

In a case involving the relocation of a highway, a stone wall built in 1908 that had remained since then as a permanent boundary, but which was within the three-rod right of way, was properly considered by the jury in arriving at the fair market value of the property taken, where no survey or resurvey of the existing highway had been preserved or record made, nor boundaries ascertained. Colson v. State Highway Board, 122 Vt. 392, 173 A.2d 849, 1961 Vt. LEXIS 89 (1961).

Measurement.

This section and section 702 of this title, when read together, presume that the width of a highway is three rods, and that the width is to be measured from the center line of the currently existing highway. Town of Ludlow v. Watson, 153 Vt. 437, 571 A.2d 67, 1990 Vt. LEXIS 5 (1990).

Cited.

Cited in Pidgeon v. Vermont State Transportation Board, 147 Vt. 578, 522 A.2d 244, 1987 Vt. LEXIS 422 (1987); Cameron's Run, LLP v. Frohock, 2010 VT 60, 188 Vt. 610, 9 A.3d 664, 2010 Vt. LEXIS 57 (2010) (mem.).

Notes to Opinions

Application.

Where there was on file a record of the highway as being laid out, but the survey could not be rerun or location limits determined, the Board could not grant a permit for a pole line within a three-rod limit. 1930-32 Vt. Op. Att'y Gen. 176.

§ 33. Survey of existing highways; damages.

  1. For the purposes of this and the following section of this title, the word “survey” means:
    1. a survey of the existing highway where no previous survey has been properly recorded or the record of a previous survey has not been preserved, or the terminations and boundaries of a previous survey cannot be determined; or
    2. a resurvey to reproduce a previous survey or surveys.
  2. The Agency, for State highways, and the selectboard, for town highways, may authorize the survey of existing highways, and the rights-of-way, easements, or fee title associated with those highways. The purpose of the survey shall be to verify the location and width of the existing right-of-way, easement, or fee title and to determine the extent of the interest of the public in the title. A notice of intent to survey an existing highway shall be sent to all known abutting landowners by certified mail. In performance of the survey, the Agency or selectboard shall attempt to determine from all available evidence the type of highway, its location on the ground, its width, and the record title holder. The survey shall be based on all available evidence, including survey descriptions, original survey bills, plats, plans, maps, photographs, discontinuances, court documents, Public Service Board orders, actions by the selectboard, existing monumentation, present road location, nearby intersections, topography, vegetation, past and current use patterns, and other additional information generally relied on by land surveyors. The surveys shall be carried out in accordance with the provisions of 26 V.S.A. chapter 45.
  3. If, during the performance of the survey process under this section, the location or limits, or both, of the right-of-way, easement, or fee title cannot be determined on the ground from the available evidence, the Agency or the selectboard may instead cause a survey to be made of the centerline of the existing traveled way and a width of one and one-half rods on each side of the centerline shall be assumed and controlled for highway purposes.
  4. Once a survey is completed, the Agency or selectboard shall cause the right-of-way, easement, or fee title to be monumented in accordance with the survey plat and in such a manner that will allow its limits to be readily apparent to all adjacent property owners. Monumentation shall be permanent and shall include not less than two intervisible monuments located on, within, or adjacent to the highway limits. Intervisible monuments shall be at intervals of not more than 200 meters. All monuments shall be referenced to the Vermont State Plane Coordinate System in accordance with applicable statutes and standards in effect.
  5. The Agency or selectboard shall have the survey placed on record in the town clerk’s office in each town in which the survey is performed. The record shall include survey plats prepared and filed in accordance with 27 V.S.A. §§ 1401-1406 , a written description of the survey, and an opinion naming the record title holder. The description and plat shall include coordinates referenced to the Vermont State Plane Coordinate System. All recorded or filed material shall be indexed.
  6. Notice of the completion of the survey shall be sent to all known abutting landowners by certified mail, not less than 30 days before the survey results are filed with the appropriate town clerk, together with notice of statutory rights of appeal and damages.
  7. Upon recordation of the survey and upon final disposition of statutory appeals, all abutting and surrounding lands outside the limits of the survey shall be deemed discontinued, unless any rights deemed necessary are expressly reserved and clearly shown on the recorded survey plat. Title to the discontinued property shall belong to the owners of the abutting lands. If it is located between the lands of two different owners, it shall be returned to the lots to which it originally belonged, if they can be determined; if not, it shall be equally divided between the owners of the lands on each side.
  8. A property owner aggrieved by a survey may seek damages for the loss of property or for the loss of an interest in property.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 195 (Adj. Sess.), § 1; 2021, No. 20 , § 87.

History

Revision note

—2021. In subsecs. (b)-(e), substituted “selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

In subsec. (e), deleted “, but not be limited to,” following “shall include” in the second sentence in accordance with 2013, No. 5 , § 4.

Amendments

—2021. Subsec. (h): Deleted “Damages.” from the beginning of the subsec.

—1993 (Adj. Sess.). Section amended generally.

Prior law.

19 V.S.A. § 298 .

CROSS REFERENCES

Survey of highways generally, see §§ 704 and 705 of this title.

Construction with other law.

The Agency of Transportation was not required to adhere to the provisions of this section before filing its necessity petition pursuant to 19 V.S.A. § 504 and because the Superior Court’s order granting the petition was fairly and reasonably supported by legitimate evidence, it was required to be affirmed. In re South Burlington-Shelburne Hwy. Project, 174 Vt. 604, 817 A.2d 49, 2002 Vt. LEXIS 342 (2002) (mem.).

Annotations From Former § 298

Grounds for resurvey.

There were three instances in which a resurvey could be made: (1) if the survey had not been properly recorded; (2) if the record had not been preserved; and (3) if its terminations and boundaries could not be ascertained. Culver v. Town of Fair Haven, 67 Vt. 163, 31 A. 143, 1894 Vt. LEXIS 31 (1894).

Sufficiency of record.

The record of the resurvey of a highway must have affirmatively shown all facts essential to give the selectboard jurisdiction to act in the premises. Town of Berkshire v. Nelson & Hall Co., 92 Vt. 440, 105 A. 28, 1918 Vt. LEXIS 197 (1918).

§ 34. Appeal from survey.

  1. A person who has title to land abutting to a highway that is surveyed by the Agency or the selectboard and who is dissatisfied with the survey may appeal the results of the survey in the Superior Court in the county in which the affected property is located. Any such appeal must be brought within 120 days from the date the results of the survey are filed with the town clerk. The results of the survey shall be binding against any property owner who does not appeal within the 120-day period.
  2. On a motion of a person, or the Agency, or upon order of the court, any person who has a legally recorded interest in the property that is the subject of the Superior Court action may be joined as a party at any time before final determination, upon such terms as the court may prescribe.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 195 (Adj. Sess.), § 2.

History

Revision note

—2021. In subsec. (a), substituted “selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Amendments

—1993 (Adj. Sess.). Section amended generally.

Prior law.

19 V.S.A. § 299 .

§ 35. Entrance upon lands for survey.

Employees or agents of the Agency, a municipality, or a utility authorized by law shall be allowed to enter a property for the purpose of making the necessary surveys and examinations for construction of or improvements and repairs to transportation and utility facilities, doing as little damage as possible, subject to liability for actual damages. Whenever practicable, advance notice of the proposed survey or examination shall be given to the owner or occupant of the property to be entered. No owner or occupant of property entered upon under authority of this section shall be liable for any property damage or personal injury resulting from work done by the Agency, a municipality, or a utility under authority of this section.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1995, No. 60 , § 40, eff. April 25, 1995; 1995, No. 183 (Adj. Sess.), § 18i, eff. May 22, 1996.

History

Amendments

—1995 (Adj. Sess.) Inserted “construction of or” preceding “improvements” in the first sentence, substituted “proposed” for “proposal” in the second sentence and added the third sentence.

—1995. Section amended generally.

Prior law.

19 V.S.A. § 300 .

§ 36. Repealed. 2005, No. 80, § 48(a).

History

Former § 36. Former § 36, relating to the Connecticut River Bridge Advisory Commission, was derived from 1987, No. 212 (Adj. Sess.), § 1.

§ 37. Impoundments of water created by beaver.

  1. Transportation Board jurisdiction.   On petition of the Agency of Transportation, the legislative body of an affected municipality, or the owner or operator of an affected railroad or sponsor of an affected public airport, or on its own motion, the Transportation Board may, after notice and hearing under 3 V.S.A. chapter 25, issue an order requiring the removal or abatement of an impoundment of water created by beaver that threatens to substantially damage or submerge a highway, railroad, or public airport. Notice shall be given to the owner or owners of affected land, the legislative body of the affected municipality, and the Secretary of the Agency of Natural Resources. If the Board determines that an impoundment of water created by beaver threatens to substantially damage or submerge a highway, railroad, or public airport, its order shall direct that the impoundment be abated, with as minimal impact on affected land and natural resources as possible, or if necessary, removed. Persons taking action pursuant to an order of the Board under this subsection shall be exempted from the requirements of 10 V.S.A. § 905(7) .
  2. Superior Court jurisdiction.   The Transportation Board, the Agency of Transportation, the legislative body of an affected municipality, the owner or operator of an affected railroad or the sponsor of an affected public airport may petition a Superior judge for an emergency order for the removal or abatement of an impoundment of water created by beaver that presents an imminent threat to public safety by substantially damaging or submerging a highway, railroad or public airport. Rule 65 of the Vermont Rules of Civil Procedure shall apply to proceedings under this section. In addition to notice required under Rule 65, notice shall be given to the affected municipality and to the Secretary of the Agency of Natural Resources.

HISTORY: Added 1991, No. 134 (Adj. Sess.), § 3, eff. April 17, 1992.

History

References in text.

In subsec. (a), the reference to 10 V.S.A. § 905(7) is obsolete in light of the repeal of 10 V.S.A § 905 by 2003, No. 115 (Adj. Sess.), § 119(b).

§ 38. Transportation Alternatives Grant Program.

  1. , (b)[Repealed.]

    (c) The Transportation Alternatives Grant Program is created. The Grant Program shall be administered by the Agency, and shall be funded in the amount provided for in 23 U.S.C. § 133(h) , less the funds set aside for the Recreational Trails Program. Awards shall be made to eligible entities as defined under 23 U.S.C. § 133(h) , and awards under the Grant Program shall be limited to the activities authorized under federal law and shall not exceed $300,000.00 per grant allocation.

    (d) Eligible entities awarded a grant must provide all funds required to match federal funds awarded for a Transportation Alternatives project. All grant awards shall be decided and awarded by the Agency.

    (e) Transportation Alternatives grant awards shall be announced annually by the Agency not earlier than December and not later than the following March.

    (f) (1) In fiscal years 2018 and 2019, all Grant Program funds shall be reserved for municipalities for environmental mitigation projects relating to stormwater and highways, including eligible salt and sand shed projects.

    (2) In fiscal years 2020 and 2021, Grant Program funds shall be awarded for any eligible activity and in accordance with the priorities established in subdivision (4) of this subsection.

    (3) In fiscal year 2022 and thereafter, $1,100,000.00 of Grant Program funds, or such lesser sum if all eligible applications amount to less than $1,100,000.00, shall be reserved for municipalities for environmental mitigation projects relating to stormwater and highways, including eligible salt and sand shed projects.

    (4) Regarding Grant Program funds awarded in fiscal years 2020 and 2021, and the balance of Grant Program funds not reserved for environmental mitigation projects in fiscal year 2022 and thereafter, in evaluating applications for Transportation Alternatives grants, the Agency shall give preferential weighting to projects involving as a primary feature a bicycle or pedestrian facility. The degree of preferential weighting and the circumstantial factors sufficient to overcome the weighting shall be in the complete discretion of the Agency.

    (g) The Agency shall develop an outreach and marketing effort designed to provide information to communities with respect to the benefits of participating in the Transportation Alternatives Grant Program. The outreach and marketing activities shall include apprising municipalities of the availability of grants for salt and sand sheds. The outreach effort should be directed to areas of the State historically underserved by this Program.

HISTORY: Added 2003, No. 56 , § 74, eff. June 4, 2003; amended 2003, No. 160 (Adj. Sess.), § 29, eff. June 9, 2004; 2005, No. 175 (Adj. Sess.), § 63; 2013, No. 12 , § 12; 2015, No. 40 , § 20; 2017, No. 38 , § 7; 2019, No. 59 , § 43.

History

Amendments

—2019. Subsecs. (a) and (b): Repealed.

Subsec. (c): Added “and shall not exceed $300,000.00 per grant allocation” at the end of the third sentence.

Subsec. (d): Substituted “Agency” for “Transportation Alternatives Grant Committee” at the end of the second sentence.

Subsec. (e): Substituted “Agency” for “Transportation Alternatives Grant Committee”.

Subdiv. (f)(4): Substituted “Agency” for “Transportation Alternatives Grant Committee” in the first and second sentences.

—2017. Subsecs. (c) and (f): Amended generally.

—2015. Subsec. (f): Substituted “$1,100,000.00 of Grant Program funds” for “$200,000.00 of Grant Program funds” and “$1,100,000.00,” for “$200,000.00” in the first sentence; inserted “environmental mitigation projects relating to stormwater and highways, including” preceding “eligible salt” in the first sentence; and deleted the second sentence.

—2013. Substituted “alternatives” for “enhancement” in the section heading, and amended the section generally.

—2005 (Adj. Sess.). Subsec. (g): Added the first two sentences and substituted “Regarding the balance of grant program funds, in” for “In” at the beginning of the third sentence.

Subsec. (h): Added the second sentence and substituted “The outreach effort” for “This effort” in the last sentence.

—2003 (Adj. Sess.). Subdiv. (e)(2): Deleted “of the amount of the enhancement grant program” following “budget“ and added the colon and subdivs. (A) and (B).

2003 Codification of section. 2003, No. 56 , § 74 provides as follows:

“Sec. 41v of No. 18 of the Acts of the 1999 Adj. Sess. (2000), as amended by Sec. 37 of No. 156 of the Acts of 2000, is amended and, as amended, is codified as 19 V.S.A. § 38 .”

§ 39. Agency of Transportation assistance with municipal salt sheds.

  1. The Agency of Transportation shall work with municipalities to provide assistance in designing effective, low-cost enclosures for salt or sand storage, including off-the-shelf designs that incorporate economical construction materials to the extent allowed by the multisector general permit (MSGP) issued for Vermont by the U.S. Environmental Protection Agency.
  2. The Agency shall explore opportunities for collocation of State and municipal salt or sand storage facilities where collocation would be appropriate.
  3. The Agency of Transportation shall pursue requests for bid for bulk purchases of prototype salt and sand enclosures that would be available to municipalities for purchase.

HISTORY: Added 2003, No. 160 (Adj. Sess.), § 45, eff. June 9, 2004.

§ 40. Repealed. 2009, No. 123 (Adj. Sess.), § 24(1).

History

Former § 40. Former § 40, relating to Vermont bridge maintenance program, was derived from 2005, No. 80 , § 57.

§ 41. Repealed. 2011, No. 162 (Adj. Sess.), § E.110.

History

Former § 41. Former § 41, relating to funding for rest areas, information centers, and welcome centers from the General Fund, was derived from 2005, No. 175 (Adj. Sess.), § 60.

§ 42. Reports preserved; consolidated transportation report.

  1. Notwithstanding 2 V.S.A. § 20(d) , the reports or reporting requirements of this section, sections 10g and 12a, and subsections 7(k), 10b(d), 11f(i), and 12b(d) of this title shall be preserved absent specific action by the General Assembly repealing the reports or reporting requirements.
  2. Annually, on or before January 15, the Agency shall submit a consolidated transportation system and activities report to the House and Senate Committees on Transportation. The report shall consist of:
    1. Financial and performance data of all public transit systems, as defined in 24 V.S.A. § 5088(6) , that receive operating subsidies in any form from the State or federal government, including subsidies related to the Elders and Persons with Disabilities Transportation Program for service and capital equipment. This component of the report shall:
      1. be developed in cooperation with the Public Transit Advisory Council;
      2. be modeled on the Federal Transit Administration’s National Transit Database Program with such modifications as appropriate for the various services and guidance found in the most current State policy plan;
      3. show as a separate category financial and performance data on the Elders and Persons with Disabilities Transportation Program.
    2. Data on pavement conditions of the State highway system.
    3. A description of the conditions of bridges, culverts, and other structures on the State highway system and on town highways.
    4. Department of Motor Vehicles data, including the number of vehicle registrations and licenses issued, revenues by category, transactions by category, commercial motor vehicle statistics, and any other information the Commissioner deems relevant.
    5. A summary of updates to the Agency’s strategic plans and performance measurements used in its strategic plans.
    6. A summary of the statuses of aviation, rail, and public transit programs.
    7. Data and statistics regarding highway safety, including trends in vehicle crashes and fatalities, traffic counts, and trends in vehicle miles traveled.
    8. An overview of operations and maintenance activities, including winter maintenance statistics.
    9. A list of projects for which the construction phase was completed during the most recent construction season.
    10. Such other information that the Secretary determines the Committees on Transportation need to perform their oversight role.

HISTORY: Added 2011, No. 153 (Adj. Sess.), § 33; amended 2013, No. 12 , § 12a; 2013, No. 167 (Adj. Sess.), § 22; 2017, No. 154 (Adj. Sess.), § 4c, eff. May 21, 2018.

History

Revision note

—2021. In subsec. (a), corrected citation format.

Amendments

—2017 (Adj. Sess.). Subsec. (b): Deleted former subdiv. (1)(D), amended subdiv. (2) generally, deleted “and of the status of the accelerated bridge program” following “town highways” in subdiv. (3), substituted “programs” for “projects programmed for construction during the previous calendar year” in subdiv. (6), deleted “snow and ice control plans, and equipment performance measure” following “statistics” in subdiv. (8), deleted former subdiv. (9), and redesignated former subdivs. (10) and (11) as subdivs. (9) and (10).

—2013 (Adj. Sess.). Section heading: Inserted “; consolidated transportation report” at the end.

Subsec. (a): Inserted “this section and” preceding “sections 7(k), 10b(d),” and deleted “10c(k), 10c(l), 10e(c),” thereafter.

Subsec. (b): Added.

—2013. Inserted “and” preceding “12b(d)” and deleted “, and 38(e)(2)” preceding “of this title”.

§ 43. State highway closures.

  1. For purposes of this section, the phrase “planned closure of a State highway” means the closure of a State highway for more than 48 hours for a project that is part of the State’s annual Transportation Program. The phrase does not include emergency projects or closures of 48 hours or less for maintenance work.
  2. Before the planned closure of a State highway, the Agency shall:
    1. contact the legislative body of any municipality affected by the closure to determine whether the legislative body wishes to convene a regional public meeting for the purpose of hearing public concerns regarding the planned closure; and
    2. conduct a regional public meeting if requested by the legislative body of a municipality affected by the closure.
  3. To address concerns raised at a meeting held pursuant to subsection (b) of this section or otherwise to reduce adverse impacts of the planned closure of a State highway, the Agency shall consult with other State agencies and departments, regional chambers of commerce, regional planning commissions, local legislative bodies, emergency medical service organizations, school officials, and area businesses to develop mitigation strategies.
  4. In developing mitigation strategies, the Agency shall consider the need to provide a level of safety for the traveling public comparable to that available on the segment of State highway affected by the planned closure. If the Agency finds town highways unsuitable for a signed detour, the Agency will advise local legislative bodies of the reasons for its determination.

HISTORY: Added 2011, No. 153 (Adj. Sess.), § 45; amended 2013, No. 12 , § 20.

History

Amendments

—2013. Section amended generally.

§ 44. Statewide Property Parcel Mapping Program.

  1. Purpose.   The purpose of the Statewide Property Parcel Mapping Program is to:
    1. develop a statewide property parcel data layer;
    2. ensure regular maintenance, including updates, of the data layer; and
    3. make property parcel data available to State agencies and departments, regional planning commissions, municipalities, and the public.
  2. Property Parcel Data Advisory Board.   The Property Parcel Data Advisory Board (Board) is created for the purpose of monitoring the Statewide Property Parcel Mapping Program and making recommendations to the Agency of how the Program can be improved to enhance the usefulness of statewide property parcel data for State agencies and departments, regional planning commissions, municipalities, and the public. The Board shall comprise:
    1. the Secretary of Transportation or designee, who shall serve as chair;
    2. the Secretary of Natural Resources or designee;
    3. the Secretary of Commerce and Community Development or designee;
    4. the Commissioner of Taxes or designee;
    5. a representative of the Vermont Association of Planning and Development Agencies;
    6. a representative of the Vermont League of Cities and Towns; and
    7. a land surveyor licensed under 26 V.S.A. chapter 45 designated by the Vermont Society of Land Surveyors.
  3. Meetings of Board.   The Board shall meet at the call of the chair or at the request of a majority of its members. The Agency shall provide administrative assistance to the Board and such other assistance as the Board may require to carry out its duties.
  4. Standards.   The Agency shall update the statewide property parcel data layer in accordance with the standards of the Vermont Geographic Information System (VGIS), as specified in 10 V.S.A. § 123 (powers and duties of Vermont Center for Geographic Information).
  5. Funding sources.   Federal transportation funds shall be used for the development and operation of the Program. In fiscal year 2018 and in succeeding fiscal years, the Agency shall make every effort to ensure that all State matching funds are provided by other State agencies or external partners, or both, that benefit from the Program.

HISTORY: Added 2015, No. 158 (Adj. Sess.), § 37.

Chapter 3. Town Highways

History

Town highway bridge and culvert inventory. 2007, No. 164 (Adj. Sess.), § 60 provides: “All town bridge and culvert inventory data which have been collected and which hereafter are collected by regional planning commissions in a data format conforming to the specifications of the VGIS Bridge and Culvert Data Exchange Standard shall be made available by the regional planning commissions to the Vermont center for geographic information. The agency of transportation shall annually update the house and senate committees on transportation with a report on the general condition of town assets recorded in the bridge and culvert data base.”

CROSS REFERENCES

Laying out discontinuing, and reclassifying highways, see chapter 7 of this title.

Repair, maintenance, and improvement of highways, see chapter 9 of this title.

Protection of highways, see chapter 11 of this title.

Establishment of bicycle routes by municipalities, see § 2307 of this title.

Town scenic roads, see § 2502 of this title.

§ 301. Definitions.

As used in this chapter:

  1. “Discontinued highway” means a previously designated class 1, 2, 3, or 4 town highway as to which, through the process of discontinuance, all rights have been reconveyed to the adjoining landowners.
  2. “Legislative body” includes boards of selectmen, aldermen, and village trustees.
  3. “Selectmen” includes village trustees and aldermen.
  4. “Pent road” is any town highway that, by written allowance of the selectmen, is enclosed and occupied by the adjoining landowner with unlocked stiles, gates, and bars in such places as the selectmen designate.
  5. “Throughway” means a highway specially designated giving traffic traveling on the throughway the right of way at all intersections.
  6. “Town” includes incorporated villages and cities.
  7. “Town highways” are class 1, 2, 3, and 4 highways:
    1. that the towns have authority to exclusively or cooperatively maintain; or
    2. that are maintained by the towns except for scheduled surface maintenance performed by the Agency pursuant to section 306a of this title.
  8. “Trail” means a public right-of-way that is not a highway and that:
    1. previously was a designated town highway having the same width as the designated town highway, or a lesser width if so designated; or
    2. a new public right-of-way laid out as a trail by the selectmen for the purpose of providing access to abutting properties or for recreational use.  Nothing in this section shall be deemed to independently authorize the condemnation of land for recreational purposes or to affect the authority of selectmen to reasonably regulate the uses of recreational trails.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1991, No. 47 , § 1; 2009, No. 50 , § 89.

History

Amendments

—2009. Subdiv. (7): Amended generally.

—1991. Subdiv. (8)(B): Inserted “or for recreational use” following “properties” in the first sentence and added the second sentence.

ANNOTATIONS

Cited.

Cited in Smith v. Town of Derby, 170 Vt. 553, 742 A.2d 757, 1999 Vt. LEXIS 327 (1999) (mem.).

§ 302. Classification of town highways.

  1. For the purposes of this section and receiving State aid, all town highways shall be categorized into one or another of the following classes:
    1. Class 1 town highways are those town highways that form the extension of a State highway route and that carry a State highway route number. The Agency shall determine which highways are to be class 1 highways.
    2. Class 2 town highways are those town highways selected as the most important highways in each town. As far as practicable, they shall be selected with the purposes of securing trunk lines of improved highways from town to town and to places that by their nature have more than normal amount of traffic. The selectmen, with the approval of the Agency, shall determine which highways are to be class 2 highways.
    3. Class 3 town highways:
      1. Class 3 town highways are all traveled town highways other than class 1 or 2 highways. The selectmen, after conference with a representative of the Agency, shall determine which highways are class 3 town highways.
      2. The minimum standards for class 3 highways are a highway negotiable under normal conditions all seasons of the year by a standard manufactured pleasure car. This would include sufficient surface and base, adequate drainage, and sufficient width capable to provide winter maintenance, except that based on safety considerations for the traveling public and municipal employees, the selectboard shall, by rule adopted under 24 V.S.A. chapter 59, and after following the process for providing notice and hearing in section 709 of this title, have authority to determine whether a class 3 highway, or section of highway, should be plowed and made negotiable during the winter. However, a property owner aggrieved by a decision of the selectboard may appeal to the Transportation Board pursuant to subdivision 5(d)(9) of this title.
      3. A highway not meeting these standards may be reclassified as a provisional class 3 highway if within five years of the determination it will meet all class 3 highway standards.
    4. Class 4 town highways are all town highways that are not class 1, 2, or 3 town highways or unidentified corridors. The selectboard shall determine which highways are class 4 town highways.
    5. Trails shall not be considered highways and the town shall not be responsible for any maintenance, including culverts and bridges.
    6. Unidentified corridors.
      1. Unidentified corridors are town highways that:
        1. have been laid out as highways by proper authority through the process provided by law at the time they were created or by dedication and acceptance; and
        2. do not, as of July 1, 2010, appear on the town highway map prepared pursuant to section 305 of this title; and
        3. are not otherwise clearly observable by physical evidence of their use as a highway or trail; and
        4. are not legal trails.
      2. If the conditions in subdivisions (A)(i) and (A)(ii) of this subdivision (6) are met, the legislative body of a municipality or its appointee may, after providing 14 days’ advance written notice to the owners of the land upon which the unidentified corridor is located, enter private property to determine whether clearly observable physical evidence exists.
      3. Unidentified corridors shall be open to use by the public, but only in the same manner as they were used during the 10 years prior to January 1, 2006.
      4. A municipality shall not be responsible for maintenance of an unidentified corridor.
      5. Neither the municipality nor any person owning a legal interest in land through which an unidentified corridor may pass or abut shall have a duty of care to persons using the corridor.
      6. An unidentified corridor shall not be deemed to be a subdivision with respect to zoning, tax, and septic issues.
      7. After July 1, 2015, an unidentified corridor shall be discontinued, and the right-of-way shall belong to the owner of the adjoining land. If the right-of-way is located between the lands of two different owners, it shall be returned to the lots to which it originally belonged, if they can be determined; if not, it shall be equally divided between the owners of the lands on each side.
      8. An unidentified corridor shall not create a subdivision with respect to zoning, tax, and septic issues. If the unidentified corridor is reclassified as a class 1, 2, 3, or 4 highway or as a trail, the then- highway or trail shall be recognized as any other highway or trail for the purpose of creating a subdivision with respect to zoning, tax, and septic issues.
    7. Reclassification of unidentified corridors. On or by July 1, 2015 and pursuant to chapter 7, subchapter 2 of this title, an unidentified corridor may be reclassified as a class 1, 2, 3, or 4 highway or as a trail.
  2. The Agency may require any municipality that fails to comply with the class 3 provisional commitments to return all State aid generated by the section or sections of highways involved.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 10; 1993, No. 172 (Adj. Sess.), § 19; 1999, No. 156 (Adj. Sess.), § 27, eff. May 29, 2000; 2005, No. 178 (Adj. Sess.), § 1; 2007, No. 158 (Adj. Sess.), § 2.

History

Revision note

—2021. In subdiv. (A)(3)(B), deleted “but not be limited to” following “would include” in the second sentence in accordance with 2013, No. 5 , § 4.

—2011. Changed reference to subdiv. 5(d)(8) in subdiv. (a)(3)(B) of this section to subdiv. 5(d)(9) in light of the redesignation of subdiv. 5(d)(8) as subdiv. 5(d)(9) by 2007, No. 75 , § 36.

Amendments

—2007 (Adj. Sess.). Subdiv. (a)(6)(A)(ii): Substituted “2010” for “2009”.

—2005 (Adj. Sess.). Subdiv. (a)(4): In the first sentence, deleted “other” following “all” and added “that are not class 1, 2, or 3 town highways or unidentified corridors” at the end of the sentence; substituted “selectboard” for “selectmen” in the second sentence.

Subdivs. (a)(6) and (a)(7): Added.

—1999 (Adj. Sess.). Subdiv. (a)(3)(B): Amended generally.

—1993 (Adj. Sess.). Subsec. (b): substituted “agency” for “board” preceding “may require”.

—1989 (Adj. Sess.). Subsec. (a): Substituted “agency” for “board” in the second sentence of subdiv. (1) and in the third sentence of subdiv. (2).

Prior law.

19 V.S.A. § 17 .

Transitional provisions. 2005, No. 178 (Adj. Sess.), § 11 provides: “To ensure that all of its class 1, 2, 3, and 4 town highways and trails appear on the town highway map by July 1, 2015, a municipality shall submit its requested changes with supporting documentation to the agency of transportation by March 15, 2014. On or before September 1, 2014, the agency of transportation shall provide each municipality which has requested changes with a proof copy of the proposed new town highway map. On or before December 31, 2014, a municipality shall notify the agency of transportation of any apparent errors or omissions in the proof copy of the proposed new town highway map.”

CROSS REFERENCES

Laying out, discontinuing, and reclassifying highways, see chapter 7 of this title.

ANNOTATIONS

Construction.

By adopting statutory highway classification system, Legislature intended State aid to be available only for roads that were maintained and passable during all parts of year. Sagar v. Warren Selectboard, 170 Vt. 167, 744 A.2d 422, 1999 Vt. LEXIS 403 (1999).

Construction with other law.

While the statute concerning classification of town highways was enacted after the statute concerning evidence of highway completion or discontinuance, the town highway statute implicitly recognizes that a highway can be deemed “properly laid out” even if a town cannot produce a certificate of completion. Town of Granville v. Loprete, 2017 VT 101, 206 Vt. 21, 178 A.3d 1013, 2017 Vt. LEXIS 119 (2017).

Towns may reclassify class 4 town highways using the same procedures as for laying out highways and meeting the standards set forth in 19 V.S.A. § 302 . Town of Calais v. County Road Commissioners, 173 Vt. 620, 795 A.2d 1267, 2002 Vt. LEXIS 49 (2002) (mem.).

Discontinuation.

Plain language of Act 178 discontinued only unidentified corridors that were not reclassified by July 1, 2015. It did not discontinue other types of town highways, even if those highways were not included on the town highway map by that date. Doncaster v. Hane, 2020 VT 22, 212 Vt. 37, 229 A.3d 1026, 2020 Vt. LEXIS 25 (2020).

Plowing.

A town is generally required to plow class 2 and 3 roads during winter to make them passable. Sagar v. Warren Selectboard, 170 Vt. 167, 744 A.2d 422, 1999 Vt. LEXIS 403 (1999).

Proof of course of highway.

Town had proven the course of a highway. The trial court did not err in accepting a surveyor’s “best fit” determination of the course or in giving weight to the testimony of former townspeople as to the location of the road, especially in light of the surveys, maps, and photographs it considered. Town of Bethel v. Wellford, 2009 VT 100, 186 Vt. 612, 987 A.2d 956, 2009 Vt. LEXIS 119 (2009) (mem.).

Unidentified corridors.

Act 178 defines “unidentified corridors” in part as those highways that do not, as of July 1, 2010, appear on the town highway map prepared pursuant to the statute requiring mapping; and are not otherwise clearly observable by physical evidence of their use as a highway or trail. Although the statute does not specifically state that the physical evidence had to exist on July 1, 2010, the Court believes this is the operative date the Legislature intended because of its placement earlier within the definition of “unidentified corridors” and because the Legislature did not specify a different date. Doncaster v. Hane, 2020 VT 22, 212 Vt. 37, 229 A.3d 1026, 2020 Vt. LEXIS 25 (2020).

Trial court properly found that the road here was not an unidentified corridor, as there was clearly observable physical evidence of use of it by vehicles during the relevant time period, and it was unnecessary to identify the users. Doncaster v. Hane, 2020 VT 22, 212 Vt. 37, 229 A.3d 1026, 2020 Vt. LEXIS 25 (2020).

In a quiet title action, because it was undisputed that a road which passed through plaintiff’s property to access defendants’ adjacent property was a highway laid out by the town in 1800 that was never discontinued and that there was clearly observable physical evidence of its use to a point midway onto defendants’ property, the trial court properly concluded as a matter of law that the highway was not an unidentified corridor that was discontinued by operation of Act 178, and correctly granted summary judgment to defendants. Bartlett v. Roberts, 2020 VT 24, 212 Vt. 37, 231 A.3d 171, 2020 Vt. LEXIS 22 (2020).

Annotations From Former § 17

Cited.

Cited in Hansen v. Town of Charleston, 157 Vt. 329, 597 A.2d 321, 1991 Vt. LEXIS 174 (1991); Gabriel v. Town of Duxbury, 171 Vt. 610, 764 A.2d 1224, 2000 Vt. LEXIS 318 (2000) (mem.).

§ 303. Town highway control.

Town highways shall be under the general supervision and control of the selectmen of the town where the roads are located. Selectmen shall supervise all expenditures.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note—

Deleted subsec. (a) designation at the beginning of the section to conform with V.S.A. style.

Prior law.

19 V.S.A. § 101 .

ANNOTATIONS

Authority of selectmen.

Although selectmen are given broad authority over town roads, in reclassification cases the Legislature has placed selectmen in quasi-judicial role to hear classification petitions, with appellate jurisdiction over their action in the Superior Court; the selectmen can adopt reclassification policies to determine their action, but those policies do not bind the Superior Court in exercising its discretionary power in a practical manner, and not by technical rules. Hansen v. Town of Charleston, 157 Vt. 329, 597 A.2d 321, 1991 Vt. LEXIS 174 (1991).

Cited.

Cited in Sagar v. Warren Selectboard, 170 Vt. 167, 744 A.2d 422, 1999 Vt. LEXIS 403 (1999); Smith v. Town of Derby, 170 Vt. 553, 742 A.2d 757, 1999 Vt. LEXIS 327 (1999) (mem.).

§ 304. Duties of selectboard.

  1. It shall be the duty and responsibility of the selectboard of the town to, or acting as a board, it shall have the authority to:
    1. See that town highways and bridges are properly laid out, constructed, maintained, altered, widened, vacated, discontinued, and operated, when the safety of the public requires, in accordance with the provisions of this title.
    2. Take any action consistent with the provisions of law, including determinations made pursuant to subdivision 302(a)(3)(B) or subsection 310(a) of this title, that are necessary for or incidental to the proper management and administration of town highways.
    3. Purchase tools, equipment, and materials necessary for the construction, maintenance, or repair of highways and bridges, and to incur indebtedness from the municipal equipment loan fund as established in 29 V.S.A. § 1601 for these purchases. It may contract with governmental or private agencies for the use of tools, equipment, road building material, and services.
    4. Order hills graded, surfaces graveled, or treated with a dust layer, or surface treated with bituminous material, upon any town highway either laid out by them or already existing.
    5. Grant permission to enclose pent roads and trails by the owner of the land during any part of the year, by erecting stiles, unlocked gates, and bars in the places designated and to make regulations governing the use of pent roads and trails and to establish penalties not to exceed $50.00, for noncompliance. Permission shall be in writing and recorded in the town clerk’s office.
    6. Make special regulations as to the operation, use, and parking of motor vehicles on highways under their jurisdiction, as provided in Title 23.
    7. Make special regulations as to the speed of motor vehicles using the highways under their jurisdiction, as provided in Title 23.
    8. Lay out winter roads and lumber roads pursuant to chapter 9 of this title.
    9. Change the course of a stream, pursuant to chapter 9 of this title.
    10. Erect embankment on stream, pursuant to chapter 9 of this title.
    11. Construct a watercourse, drain, or ditch from a highway across lands of any person, pursuant to chapter 9 of this title.
    12. Lay out, alter, classify, and discontinue town highways, pursuant to chapter 7 of this title.
    13. Forward the town’s annual plan for the construction and maintenance of town highways to the agency of transportation.
    14. Keep accurate accounts, showing in detail all monies received by them including from whom and when received and all monies paid out by them, to whom and for what purpose, and settle the accounts with auditors not less than 25 days before the annual meeting.
    15. Receive grant funds and gifts from public and private sources.
    16. Unless the town electorate votes otherwise, under the provisions of 17 V.S.A. § 2646 , appoint a road commissioner, or remove him or her from office, pursuant to 17 V.S.A. § 2651 .  Road commissioners, elected or appointed, shall have only the powers and authority regarding highways granted to them by the selectboard.
    17. Number houses and name highways if desired.
    18. Participate in cooperative purchasing arrangements with the State or other municipalities.
    19. Prepare a transportation plan and capital budget for transportation for voter approval.
    20. Retain staff and consultant assistance if needed in carrying out duties and powers.
    21. Issue permits for work in highway rights-of-way pursuant to chapter 11 of this title.
    22. Regulate the location and relocation of utility wires and poles pursuant to 30 V.S.A. chapter 71.
    23. Publish and adopt after public hearing(s) road specifications for highways to be built or rebuilt within the town in compliance with applicable statutes.
  2. Nothing in this chapter shall be construed to affect the rights and powers conferred on incorporated villages and cities by their charters to appoint street commissioners, collect and disburse highway taxes, and repair and maintain highways under their care.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1999, No. 156 (Adj. Sess.), § 28, eff. May 29, 2000; 2001, No. 64 , § 21, eff. June 16, 2001.

History

Revision note

—2007. Substituted “publish” for “promulgate” in subdiv. (a)(23).

Revision note—. In subdiv. (a)(8), substituted “chapter 9 of this title” for “chapter 11 of this title” to correct an error in the reference.

Amendments

—2001. Subsec. (a): Substituted “selectboard” for “selectmen” and “it” for “they”.

Subdiv. (a)(3): Inserted “and to incur indebtedness from the municipal equipment loan fund as established in section 1601 of title 29 for these purchases” at the end of the first sentence and substituted “it” for “they” at the beginning of the second sentence.

—1999 (Adj. Sess.). Subdiv. (a)(2): Amended generally.

Prior law.

19 V.S.A. §§ 101 , 102, and 104.

ANNOTATIONS

Construction.

Because a town had the power to contract with a private company for management services in order to produce the gravel necessary for the town’s statutory highway maintenance duties, its actions were governmental in nature, and within the scope of its sovereign immunity. Courchesne v. Town of Weathersfield, 2003 VT 62, 175 Vt. 585, 830 A.2d 118, 2003 Vt. LEXIS 146 (2003) (mem.).

Town was not entitled to dismissal of property owner’s action to compel plowing of town road; discretionary power of town selectboard and its obligation to protect public safety did not allow it to close a class 2 road for winter months since, by its designation, road was required to meet a standard of negotiability under normal conditions all seasons of year, and thus property owner’s action alleged a refusal to act that was properly remedied by mandamus. Sagar v. Warren Selectboard, 170 Vt. 167, 744 A.2d 422, 1999 Vt. LEXIS 403 (1999).

Cited.

Cited in Town of Calais v. County Road Commissioners, 173 Vt. 620, 795 A.2d 1267, 2002 Vt. LEXIS 49 (2002) (mem.).

§ 305. Measurement and inspection.

  1. After reasonable notice to the selectboard, a representative of the Agency may measure and inspect the class 1, 2, and 3 town highways in each town to verify the accuracy of the records on file with the Agency. Upon request, the selectboard or its designee shall be permitted to accompany the representative of the Agency during the measurement and inspection. The Agency shall notify the town when any highway, or portion of a highway, does not meet the standards for its assigned class. If the town fails, within one year, to restore the highway or portion of the highway to the accepted standard, or to reclassify, or to discontinue, or develop an acceptable schedule for restoring to the accepted standards, the Agency for purposes of apportionment under section 306 of this title shall deduct the affected mileage from that assigned to the town for the particular class of the road in question.
  2. Annually, on or before February 10, the selectboard shall file with the town clerk a sworn statement of the description and measurements of all class 1, 2, 3, and 4 town highways and trails then in existence, including any special designation such as a throughway or scenic highway. When class 1, 2, 3, or 4 town highways, trails, or unidentified corridors are accepted, discontinued, or reclassified, a copy of the proceedings shall be filed in the town clerk’s office and a copy shall be forwarded to the Agency.
  3. All class 1, 2, 3, and 4 town highways and trails shall appear on the town highway maps by July 1, 2015.
  4. At least 45 days prior to first including a town highway or trail that is not clearly observable by physical evidence of its use as a highway or trail and that is legally established prior to February 10, 2006 in the sworn statement required under subsection (b) of this section, the legislative body of the municipality shall provide written notice and an opportunity to be heard at a duly warned meeting of the legislative body to persons owning lands through which a highway or trail passes or abuts.
  5. The Agency shall not accept any change in mileage until the records required to be filed in the town clerk’s office by this section are received by the Agency. A request by a municipality to the Agency for a change in mileage shall include a description of the affected highway or trail, a copy of any surveys of the affected highway or trail, minutes of meetings at which the legislative body took action with respect to the changes, and a current town highway map with the requested deletions and additions sketched on it. A survey shall not be required for class 4 town highways that are legally established prior to February 10, 2006. All records filed with the Agency are subject to verification in accordance with subsection (a) of this section.
  6. The selectboard of any town who are aggrieved by a finding of the Agency concerning the measurement, description, or classification of a town highway may appeal to the Transportation Board by filing a notice of appeal with the Executive Secretary of the Transportation Board.
  7. The Agency shall provide each town with a map of all of the highways in that town, together with the mileage of each class 1, 2, 3, and 4 highway, as well as each trail, and such other information as the Agency deems appropriate.
  8. Notwithstanding the provisions of chapter 7, subchapter 7 of this title, on or before July 1, 2010, a municipality’s legislative body may vote to discontinue all town highways that are not otherwise clearly observable by physical evidence of their use as a highway or trail and that are not included as such on the sworn certificate of the description and measurement of town highways filed with the town clerk on February 10 of that year pursuant to subsection (b) of this section. For the purposes of this section, a town highway shall be deemed to be included on the sworn certificate of the description and measurement of town highways if:
    1. a petition has been filed with the legislative body by persons who are either voters or landowners, and whose number is at least five percent of the voters in a municipality desiring to include that town highway on the sworn certificate of the description and measurement of town highways, prior to the vote taken under this subsection; or
    2. the legislative body has voted at an annual or special meeting duly warned for the purpose to include that town highway on the sworn certificate of the description and measurement of town highways, prior to the vote taken under this subsection.
    1. Prior to a vote to discontinue town highways provided in subsection (h) of this section, the legislative body shall hold a public informational hearing on the question by posting warnings at least 30 days prior to the hearing in at least two public places within the municipality and in the town clerk’s office. The notice shall include the most recently available map of all town highways prepared by the Agency of Transportation pursuant to subsection (g) of this section. At least 30 days prior to the hearing, the legislative body shall also deliver the warning and map together with proof of receipt or mail by certified mail, return receipt requested, to each of the following: (i) (1) Prior to a vote to discontinue town highways provided in subsection (h) of this section, the legislative body shall hold a public informational hearing on the question by posting warnings at least 30 days prior to the hearing in at least two public places within the municipality and in the town clerk’s office. The notice shall include the most recently available map of all town highways prepared by the Agency of Transportation pursuant to subsection (g) of this section. At least 30 days prior to the hearing, the legislative body shall also deliver the warning and map together with proof of receipt or mail by certified mail, return receipt requested, to each of the following:
      1. the chair of any municipal planning commission in the municipality;
      2. the chair of a conservation commission, established under 24 V.S.A. chapter 118, in the municipality;
      3. the chair of the legislative body of each abutting municipality;
      4. the executive director of the regional planning commission of the area in which the municipality is located;
      5. the Commissioner of Forests, Parks and Recreation; and
      6. the Secretary of Transportation.
    2. The hearing shall be held within the 10 days preceding the meeting at which the legislative body will vote whether to discontinue all town highways as provided in subsection (h) of this section.
  9. The legislative body may designate a specific highway or portion thereof proposed to be discontinued as a trail, in which case the right-of-way shall be continued at the width provided for in section 702 of this title. A designation of a highway or portion thereof as a trail under the provisions of this section shall be in writing, setting forth a complete description of the highway or portion thereof so designated. For all highways not designated as a trail and discontinued pursuant to this section, title to the rights-of-way shall belong to the owners of the abutting lands. If the right-of-way is located between the lands of two different owners, it shall be returned to the lots to which it originally belonged, if they can be determined; if not, it shall be equally divided between the owners of the lands on each side. The legislative body shall return a report of its actions to the town clerk’s office and the Agency of Transportation.
  10. A vote pursuant to subsection (h) of this section may be disapproved by a vote of a majority of the qualified voters of the municipality voting on the question at an annual or special meeting duly warned for the purpose pursuant to a petition that is:
    1. signed by not less than five percent of the qualified voters of the municipality; and
    2. presented to the legislative body or the clerk of the municipality within 44 days following the vote taken pursuant to subsection (h) of this section.
  11. When a petition is submitted in accordance with subsection (k) of this section, the legislative body shall call a special meeting within 60 days from the date of receipt of the petition or include an article in the warning for the next annual meeting of the municipality if the annual meeting falls within the 60-day period to determine whether the voters will disapprove the discontinuance of town highways as provided in subsection (h) of this section.
  12. No fewer than two copies of a notice that the legislative body has voted to discontinue all town highways as provided in subsection (h) of this section shall be posted at each polling place during the hours of voting, and copies thereof shall be made available to voters at the polls upon request.
  13. If a petition for an annual or a special meeting is duly submitted in accordance with this section to determine whether the vote of the legislative body to discontinue all town highways as provided in subsection (h) of this section shall be disapproved by the voters of the municipality, the discontinuance shall take effect on the conclusion of the meeting or at such later date as is specified in the discontinuance unless a majority of the qualified voters voting on the question at the meeting vote to disapprove the discontinuance, in which event it shall not take effect.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1995, No. 60 , § 21a, eff. April 25, 1995; 2005, No. 178 (Adj. Sess.), § 2; 2007, No. 158 (Adj. Sess.), § 3; 2009, No. 50 , §§ 69, 70.

History

Revision note

—2021. Substituted “its” for “their” preceding “designee” in the second sentence of subsec. (a) and “that is” for “who are” preceding “aggrieved” in subsec. (f).

Amendments

—2009. Subsec. (g): Substituted “class 1, 2, 3, and 4 highway, as well as each trail” for “class 1, 2, and 3 highway” following “with the mileage of each”.

—2009. Subdiv. (i)(1)(F): Added.

—2007 (Adj. Sess.). Subsec. (h): Substituted “2010” for “2009” and inserted “that are not otherwise observable by physical evidence of their use as a highway or trail and” preceding “that are not included as such” in the first sentence.

—2005 (Adj. Sess.). Section amended generally.

—1995. Subsec. (a): Rewrote the first sentence and added the second sentence.

Subsec. (b): Substituted “selectboard shall” for “selectmen shall, after review by a representative of the agency” preceding “file” in the first sentence.

Subsec. (c): Added the second sentence.

Subsec. (d): Substituted “selectboard” for “selectmen” preceding “of any town who”.

Legislative findings; intent. 2007, 158 (Adj. Sess.), § 1 provides: “(a) The general assembly finds that:

“(1) it has been unclear whether a municipality may, pursuant to 19 V.S.A. § 305(h) , discontinue all town highways that are not on the sworn certificate of the description and measurement of town highways, or whether a municipality may discontinue only all town highways that are not otherwise clearly observable by physical evidence of their use as a highway or trail;

“(2) when the general assembly enacted 19 V.S.A. § 305(h) , it intended this provision to apply only to those town highways that are not otherwise clearly observable by physical evidence of their use as a highway or trail.

“(b) The general assembly intends that 19 V.S.A. § 305(h) is intended to apply only to those highways that are not otherwise clearly observable by physical evidence of their use as a highway or trail.”

Prior law.

19 V.S.A. § 15 .

CROSS REFERENCES

Survey of existing highways, see § 33 of this title.

Laying out, discontinuing, and reclassifying highways, see chapter 7 of this title.

Repairs, maintenance, and improvements, see chapter 9 of this title.

ANNOTATIONS

Highway map.

Plain language of Act 178 discontinued only unidentified corridors that were not reclassified by July 1, 2015. It did not discontinue other types of town highways, even if those highways were not included on the town highway map by that date. Doncaster v. Hane, 2020 VT 22, 212 Vt. 37, 229 A.3d 1026, 2020 Vt. LEXIS 25 (2020).

Act 178 defines “unidentified corridors” in part as those highways that do not, as of July 1, 2010, appear on the town highway map prepared pursuant to the statute requiring mapping; and are not otherwise clearly observable by physical evidence of their use as a highway or trail. Although the statute does not specifically state that the physical evidence had to exist on July 1, 2010, the Court believes this is the operative date the Legislature intended because of its placement earlier within the definition of “unidentified corridors” and because the Legislature did not specify a different date. Doncaster v. Hane, 2020 VT 22, 212 Vt. 37, 229 A.3d 1026, 2020 Vt. LEXIS 25 (2020).

Notes to Opinions

Annotations From Former § 15.

Generally.

The measurement included the road mileage in the town or incorporated village, including highways taken over by the State as State highways, but excluding pent roads. 1930-32 Vt. Op. Att'y Gen. 248.

§ 306. Appropriation; State aid for town highways.

  1. General State aid to town highways.
    1. An annual appropriation to class 1, 2, and 3 town highways shall be made. This appropriation shall increase over the previous fiscal year’s appropriation by the same percentage as the following, whichever is less:
      1. the year-over-year increase in the two most recently closed fiscal years in the Agency’s total appropriations funded by Transportation Fund revenues, excluding appropriations for town highways under this subsection (a); or
      2. the percentage increase in the Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U) during the same period in subdivision (1)(A) of this subsection.
    2. If the year-over-year change in appropriations specified in either subdivision (1)(A) or (B) of this subsection is negative, then the appropriation to town highways under this subsection shall be equal to the previous fiscal year’s appropriation.
    3. The funds appropriated shall be distributed to towns as follows:
      1. Six percent of the State’s annual town highway appropriation shall be apportioned to class 1 town highways. The apportionment for each town shall be that town’s percentage of class 1 town highways of the total class 1 town highway mileage in the State.
      2. Forty-four percent of the State’s annual town highway appropriation shall be apportioned to class 2 town highways. The apportionment for each town shall be that town’s percentage of class 2 town highways of the total class 2 town highway mileage in the State.
      3. Fifty percent of the State’s annual town highway appropriation shall be apportioned to class 3 town highways. The apportionment for each town shall be that town’s percentage of class 3 town highways of the total class 3 town highway mileage in the State.
      4. Monies apportioned under subdivisions (1), (2), and (3) of this subsection (a) shall be distributed to each town in quarterly payments beginning July 15 in each year.
      5. Each town shall use the monies apportioned to it solely for town highway construction, improvement, and maintenance purposes or as the nonfederal share for public transit assistance. These funds may also be used for the establishment and maintenance of bicycle routes and sidewalks. The members of the selectboard shall be personally liable to the State, in a civil action brought by the Attorney General, for making any unauthorized expenditures from money apportioned to the town under this section.
  2. Supplemental State aid for multilane class 1 town highways.   There shall be an annual appropriation for supplemental aid to municipalities having class 1 town highways with more than two lanes. The Agency shall distribute this aid on the basis of its measurement of the additional class 1 town highway lanes. The Secretary may adopt rules to govern apportionment of supplemental aid.
  3. State aid for town highway bridges.   There shall be an annual appropriation for town bridge engineering services and for aid in maintaining or constructing bridges having a span of six feet or more on class 1, 2, and 3 town highways. Annually, the Agency shall expend these funds according to the Transportation Program approved by the General Assembly. With the approval of the Agency, funds may be used for alternatives that eliminate the need for a bridge or bridges, including construction or reconstruction of highways, purchase of parcels of land that would be landlocked by closure of a bridge or bridges, payment of damages for loss of highway access, and substitution of other means of access.
  4. State aid for nonfederal disasters.   There shall be an annual appropriation for emergency aid in repairing, building, or reconstructing class 1, 2, or 3 town highways and for repairing or replacing drainage structures including bridges on class 1, 2, 3, and 4 town highways damaged by natural or man-made disasters. Eligibility for use of emergency aid under this appropriation shall be subject to the following criteria:
    1. The Secretary of Transportation shall determine that the disaster is of such magnitude that State aid is both reasonable and necessary to preserve the public good. If total cumulative damages to town highways and drainage structures are less than the value of 10 percent of the town’s overall total highway budget excluding the town’s winter maintenance budget, the disaster shall not qualify for assistance under this subsection.
    2. The disaster shall not qualify for major disaster assistance from the Federal Emergency Management Agency (FEMA) under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121 et seq., or from the Federal Highway Administration (FHWA) under the 23 C.F.R. Part 668 Emergency Relief Program for federal-aid highways.
    3. Towns shall be eligible for reimbursement for repair or replacement costs of either up to 90 percent of the eligible repair or replacement costs or the eligible repair or replacement costs, minus an amount equal to 10 percent of the overall total highway budget, minus the town’s winter maintenance budget, whichever is greater.
    4. For towns that have adopted road and bridge standards, eligibility for reimbursement for repair or replacement of infrastructure shall be to those standards. For towns that have not adopted these standards, eligibility for reimbursement for repair or replacement of infrastructure shall be limited to the specifications of the infrastructure that preexisted the emergency event; however, the repair or replacement shall be to standards approved by the Agency of Transportation.
    5. For a drainage structure on a class 4 town highway to be eligible for repair or replacement under this subsection, the town must document that it maintained the structure prior to the nonfederal disaster.
    6. Such additional criteria as may be adopted by the Agency of Transportation through rulemaking under 3 V.S.A. chapter 25.
  5. State aid for town highway structures.
    1. There shall be an annual appropriation for grants to municipalities for maintenance (including actions to extend life expectancy) and for construction of bridges and culverts; for maintenance and construction of other structures, including causeways and retaining walls, intended to preserve the integrity of the traveled portion of class 1, 2, and 3 town highways; and for alternatives that eliminate the need for a bridge, culvert, or other structure, such as the construction or reconstruction of a highway, the purchase of parcels of land that would be landlocked by closure of a bridge, the payment of damages for loss of highway access, and the substitution of other means of access.
    2. Each fiscal year, the Agency shall approve qualifying projects with a total estimated State share cost of $7,200,000.00 at a minimum as new grants. The Agency’s proposed appropriation for the Program shall take into account the estimated amount of qualifying invoices submitted to the Agency with respect to project grants approved in prior years but not yet completed as well as with respect to new project grants to be approved in the fiscal year. In a given fiscal year, should expenditures in the Town Highway Structures Program exceed the amount appropriated, the Agency shall advise the Governor of the need to request a supplemental appropriation from the General Assembly to fund the additional project cost, provided that the Agency has previously committed to completing those projects.
    3. Funds received as grants for State aid for town highway structures may be used by a municipality to satisfy a portion of the matching requirements for federal earmarks, subject to subsection 309b(c) of this title.
  6. State aid for federal disasters.
    1. Towns receiving assistance under the Federal Highway Administration’s Emergency Relief Program for federal-aid highways shall be eligible for State aid when a nonfederal match is required. Eligibility for aid under this subsection shall be subject to the following criteria:
      1. Towns shall be responsible for up to 10 percent of the total eligible project costs.
      2. For towns that have adopted road and bridge standards, eligibility for reimbursement for repair or replacement of infrastructure shall be to those standards. For towns that have not adopted these standards, eligibility for reimbursement for repair or replacement of infrastructure shall be limited to the specifications of the infrastructure that preexisted the emergency event; however, the repair or replacement shall be to standards approved by the Agency.
      3. Such additional criteria as may be adopted by the Agency through rulemaking under 3 V.S.A. chapter 25.
    2. Notwithstanding 32 V.S.A. § 706 and the limits on authorized program spending in an approved Transportation Program, the Secretary may transfer appropriations between the Program created in this subsection and the State Aid for Nonfederal Disasters Program created in subsection (d) of this section.
  7. [Repealed.]
  8. Class 2 Town Highway Roadway Program.   There shall be an annual appropriation for grants to municipalities for resurfacing, rehabilitation, or reconstruction of paved or unpaved class 2 town highways. However, municipalities that have no State highways or class 1 town highways within their borders may use the grants for such activities with respect to both class 2 and class 3 town highways. Each fiscal year, the Agency shall approve qualifying projects with a total estimated State share cost of $8,600,000.00 at a minimum as new grants. The Agency’s proposed appropriation for the Program shall take into account the estimated amount of qualifying invoices submitted to the Agency with respect to project grants approved in prior years but not yet completed as well as with respect to new project grants to be approved in the fiscal year. In a given fiscal year, should expenditures in the Class 2 Town Highway Roadway Program exceed the amount appropriated, the Agency shall advise the Governor of the need to request a supplemental appropriation from the General Assembly to fund the additional project cost, provided that the Agency has previously committed to completing those projects. Funds received as grants for State aid under the Class 2 Town Highway Roadway Program may be used by a municipality to satisfy a portion of the matching requirements for federal earmarks, subject to subsection 309b(c) of this title.
  9. Municipal Mitigation Assistance Program.   The Agency shall administer the Municipal Mitigation Assistance Program. Through the Program, the Agency shall provide assistance and grants to municipalities for environmental mitigation projects related to stormwater and highways and for the establishment and operation of stormwater utilities. Municipalities shall match grants with local funds sufficient to cover 20 percent of the project costs, except that the Agency may issue grants for the establishment or operation of stormwater utilities without requiring a local match. From the operating expenses appropriated for the Program, the Agency is authorized to pay costs billed to the Agency by municipal stormwater utilities.
  10. Annual town plan.   Within 60 days of adoption of the town’s municipal budget, the selectboard of each town shall forward to the Agency on forms provided by the Agency a plan for the maintenance and construction of all highways under the selectboard’s control for the following year. The plan shall be made with the advice of the district transportation administrator.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 11; 1993, No. 211 (Adj. Sess.), § 12, eff. June 17, 1994; 1995, No. 183 (Adj. Sess.), § 13, eff. May 22, 1996; 1997, No. 144 (Adj. Sess.), § 5, eff. April 27, 1998; 1999, No. 95 (Adj. Sess.), § 3; 2001, No. 64 , § 13, eff. June 16, 2001; 2001, No. 141 (Adj. Sess.), § 30; 2003, No. 160 (Adj. Sess.), §§ 18, 51, eff. June 9, 2004; 2007, No. 75 , §§ 18, 19; 2011, No. 62 , § 19; 2011, No. 153 (Adj. Sess.), § 25, eff. May 16, 2012; 2015, No. 40 , § 21, eff. June 16, 2015; 2015, No. 158 (Adj. Sess.), §§ 6, 23; 2017, No. 38 , § 10; 2017, No. 158 (Adj. Sess.), § 19; 2019, No. 59 , § 17; 2019, No. 121 (Adj. Sess.), § 15; 2021, No. 20 , § 88; 2021, No. 55 , § 15.

History

Revision note

—2013. In subsec. (c), deleted “, but not limited to,” following “including” in accordance with 2013, No. 5 , § 4.

Amendments

—2021. Subdiv. (e)(2): Act No. 55 substituted “$7,200,000.00” for “$5,833,500.00” in the first sentence.

Subsec. (h): Act No. 55 substituted “$8,600,000.00” for “$7,648,750.00” in the third sentence.

Subsec. (i): Act No. 20 added “Municipal Mitigation Assistance Program.” at the beginning of the subsec.

—2019 (Adj. Sess.). Subsec. (h): Added the second sentence.

—2019. Subdiv. (a)(1)(A): Inserted “in the two most recently closed fiscal years” following “year-over-year increase”; deleted “in the previous fiscal year” preceding “funded by”; substituted “appropriations” for “the appropriation” preceding “for town highways”; and deleted “for that year” at the end.

Subdiv. (a)(1)(B): Substituted “same period in subdivision (1)(A) of this subsection” for “previous State fiscal year” at the end.

Subdiv. (a)(3)(E): Added “and sidewalks” at the end of the second sentence.

—2017 (Adj. Sess.). Subsec. (a): Amended generally.

—2017. Subsec. (c): Rewrote the second sentence.

Subsec. (i): Amended generally.

—2015 (Adj. Sess.). Subsec. (d): Rewrote the introductory language, added the second sentence of subdiv. (1), added new subdiv. (5), and redesignated former subdiv. (5) as subdiv. (6).

Subsec. (h): Substituted “$7,648,750.00” for “$7,248,750.00” in the second sentence.

—2015. Subsec. (i): Added.

—2011 (Adj. Sess.). Subsecs. (e) and (f): Amended generally.

—2011. Subsec. (e): Inserted “for” preceding “construction” in the first sentence and substituted “$5,833,500.00” for “$3,490,000.00” in the second sentence.

Subsec. (h): Substituted “$7,248,750.00” for “$4,240,000.00” in the second sentence.

—2007. Subsec. (e): Added the last sentence.

Subsec. (h): Added the last sentence.

—2003 (Adj. Sess.). Subsec. (d): Deleted the former second sentence.

Subsecs. (e) and (h): Deleted the former second sentence and added the present second through fourth sentences.

—2001 (Adj. Sess.) Subdiv. (a)(5): Added the second sentence.

—2001. Section amended generally.

—1999 (Adj. Sess.). Subsec. (h): Inserted “paved or unpaved” preceding “class 2” in the first sentence.

—1997 (Adj. Sess.). Added new subsecs. (h) and (i) and redesignated former subsec. (h) as subsec. (j).

—1995 (Adj. Sess.) Subsec. (d): Repealed.

—1993 (Adj. Sess.). Rewrote the third sentence of subsec. (b), added new subsecs. (e)-(g), redesignated former subsec. (e) as subsec. (h) and substituted “selectboard” for “selectmen” preceding “of each town” in the first sentence of that subsection.

—1989 (Adj. Sess.). Subsec. (b): Rewrote the former second and third sentences as the present second sentence and substituted “agency” for “board” in the present third sentence.

Subsec. (c): In the second sentence, substituted “approved” for “recommended” preceding “by the agency” and deleted “and approved by the board” thereafter.

Prior law.

19 V.S.A. § 17 .

Town Highway Structures and Class 2 Town Highway Roadway Programs in fiscal year 2021. 2021, No. 55 , § 14, effective June 3, 2021, provides: “Notwithstanding any other provision of law, in fiscal year 2022, the Agency is authorized to reimburse, subsequent to performance of the work, municipalities for projects awarded a grant under the Town Highway Structures and Class 2 Town Highway Roadway Programs for costs incurred during fiscal year 2021.”

CROSS REFERENCES

State aid for community service areas, see chapter 7, subchapter 11 of this title.

Federal aid, see chapter 15 of this title.

Use of appropriations for establishment of bicycle routes by municipalities, see § 2307 of this title.

Municipal heavy equipment loan fund, see 29 V.S.A. chapter 61.

Notes to Opinions

Annotations From Former § 17.

Bridges.

It was not proper to use State aid bridge funds in repair or reconstruction of a railroad overpass. 1936-38 Vt. Op. Att'y Gen. 276.

Railroad signal light.

A town should not have used State aid money for highways for the construction of a railroad signal light at a highway grade crossing, as it was not within the stated uses for such money set forth in the statute. 1962-64 Vt. Op. Att'y Gen. 203.

§ 306a. Class 1 town highways; Agency responsibility for scheduled surface maintenance.

  1. Unless otherwise directed by the legislative body of a municipality, the Agency shall assume direct responsibility for scheduled surface maintenance of all class 1 town highways at no expense to the municipality. The class 1 town highways shall be included in the Agency’s pavement management system and analyzed for resurfacing needs and considered for programming of available federal and State funds on the same basis as State highways.
  2. The provisions of this section shall not affect any legislative body’s jurisdiction over class 1 town highways or any municipality’s responsibility for general maintenance of class 1 town highways, including spot patching, traffic control devices, curbs, sidewalks, drainage, and snow removal.
  3. Notwithstanding the provisions of this section, major reconstruction of class 1 town highways, beyond the usual scope of resurfacing, shall continue to be a municipal responsibility, subject to availability of federal and State aid under chapter 15 of this title and payment of the uniform local share under section 309a of this title.

HISTORY: Added 1993, No. 61 , § 11, eff. June 3, 1993; amended 1995, No. 183 (Adj. Sess.), § 18c, eff. May 22, 1996; 2021, No. 20 , § 89.

History

Amendments

—2021. Subsec. (b): Deleted “, but not limited to,” following “including”.

—1995 (Adj. Sess.) Subsec. (a): Deleted the third sentence.

§ 307. Minimum town budget.

Each town shall annually appropriate a highway budget equivalent to or greater than a sum of at least $300.00 per mile for each mile of class 1, 2, and 3 town highways within the town or it shall not be eligible for aid under this title.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 2001, No. 64 , § 14, eff. June 16, 2001.

History

Amendments

—2001. Substituted “$300.00” for “$50.00 preceding “per mile”.

Prior law.

19 V.S.A. § 16 .

§ 308. Compliance with provisions.

A town shall not be entitled to receive money from the State under this chapter in any year until it has complied with the provisions of this chapter.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 19 .

§ 309. Highway work by State for towns.

  1. When requested by the legislative body of a municipality, the Agency may, by agreement with these officials, do any construction or maintenance work on any town highway or bridge under the jurisdiction of the legislative body.
  2. When requested by the legislative body of a municipality, the Agency may contract the work. The Agency in all such cases shall furnish plans and specifications upon which the contract shall be awarded by the legislative body or, if it has been agreed that the Agency should make the contract award, the Agency, to the lowest responsible bidder. All work shall be done to the satisfaction of and in accordance with the requirements of the Agency.
  3. Upon demand of the Agency, the municipality shall reimburse the State for the municipality’s share of expenditures made under this section, and the amount repaid shall be deposited into the State Treasury and credited to the fund from which the cost of the work was paid. The Agency is authorized to provide for the payment of interest on unpaid balances owed the State for more than 30 days after demand is made.
  4. To secure reimbursement to the State for the local share of a project, the Secretary and the legislative body of a municipality may enter into agreements for the deposit of municipal funds in an interest-bearing escrow account or for posting of a surety bond.
  5. The Agency’s materials laboratory may perform tests for other units of federal, State, and local government. The Agency shall be reimbursed for the costs of the tests.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1991, No. 175 (Adj. Sess.), § 9, eff. May 15, 1992; 1993, No. 61 , § 13, eff. June 3, 1993.

History

Amendments

—1993. Subsec. (e): Added.

—1991 (Adj. Sess.). Subsec. (a): In the first sentence, substituted “legislative body of a municipality” for “selectmen of a town or trustees of a village” preceding “, the agency” and deleted “a” preceding “bridge” and added “under the jurisdiction of the legislative body” thereafter; and deleted the second and third sentences.

Subsec. (b): Substituted “legislative body of a municipality” for “selectmen” preceding “the agency” in the first sentence and “legislative body or, if it has been agreed that the agency should make the contract award, the agency” for “selectmen and the board, or its agent” following “awarded by the” in the second sentence.

Subsecs. (c) and (d): Added.

Prior law.

19 V.S.A. §§ 22 , 971.

ANNOTATIONS

Cited.

Cited in Hinesburg Sand & Gravel Co. v. State, 166 Vt. 337, 693 A.2d 1045, 1997 Vt. LEXIS 33 (1997).

§ 309a. Local highway work uniform local share; exceptions.

  1. Except as provided in subsection (b) or (c) of this section or in sections 309b and 309c of this title, in any case of highway or bridge construction in which a federal/State/local or State/local funding match is authorized, the municipality’s share shall be ten percent of the project costs.
  2. This section shall not apply to:
    1. any bridge replacement project in the Town Highway Bridge Program during the construction of which the municipality closes the bridge and does not construct a temporary bridge for the duration of the project, in which event the local match shall cover five percent of the project costs;
    2. any project phase for which a municipality already has provided for payment of its share by issuing bonds or funding a reserve established under a capital improvement plan;
    3. any project on a town highway for which the General Assembly has authorized a different federal/State/local funding match; and any project that serves an “economic growth center” as defined in 23 U.S.C. § 143, and for which the General Assembly has authorized a different federal/State/local funding match;
    4. any project involving a bridge, including the approaches to a bridge, that extends between this State and an adjacent state;
    5. any bridge or roadway project involving a local financial share in which the municipality, after its review of the conceptual project plans, chooses not to proceed with the proposed project; in such circumstances, the Agency shall pay 100 percent of the project costs incurred through the date it receives such notification from the municipality;
    6. any project where, by the mutual agreement of the municipality and Agency, rehabilitation of an existing bridge is the preferred alternative, in which case the Agency shall use the appropriate combination of State and federal funding to pay either 95 percent of the cost of rehabilitation, or 97.5 percent if the municipality closes the bridge and does not construct a temporary bridge for the duration of the project; or
    7. any project or portion of a project involving a structure that is part of the Historic Bridge Program, where the Agency shall use the appropriate combination of State and federal funding to pay 100 percent of the cost of rehabilitation.
  3. Notwithstanding the provisions of this section, a municipality’s share of any single project shall not exceed an amount equivalent to the amount that could be raised in one year by increasing the municipality’s tax rate by $0.50.  In these cases, the remaining portion of the nonfederal share shall be made up by the Agency, using available State funds.
  4. In any case of highway or bridge construction in which a municipality bears a share of the project costs, the fair market value of any land, material, or services donated by the municipality and used in the project shall be credited to the municipality’s share of the project costs subject to the provisions of 23 U.S.C. § 323 with respect to a federal aid project.

HISTORY: Added 1989, No. 121 , § 11, eff. June 22, 1989; amended 1993, No. 61 , § 41, eff. June 3, 1993; 1995, No. 140 (Adj. Sess.), § 2; 1997, No. 38 , § 6a, eff. May 28, 1997; 1999, No. 18 , § 21, eff. May 13, 1999; 2007, No. 75 , § 21; 2011, No. 153 (Adj. Sess.), § 26.

History

References in text.

The reference in subdiv. (b)(3) to “economic growth center” being defined in 23 U.S.C. § 143 is obsolete in light of Pub. L. 105-178, § 1114(a).

Amendments

—2011 (Adj. Sess.). Subsec. (a): Added “or in sections 309b and 309c of this title” following “of this section”.

Subdiv. (b)(1): Amended generally.

Subdiv. (b)(2): Deleted “or” at the end of the subdiv.

Subdiv. (b)(6): Amended generally.

—2007. Subsec. (d): Added.

—1999. Subsec. (b): Deleted “or” from the end of subdiv. (5); inserted “or” at the end of subdiv. (6); and added subdiv. (7).

—1997. Subdiv. (b)(5): Inserted “bridge or roadway” preceding “project involving” and substituted “local financial share” for “bridge on a municipal highway” thereafter.

—1995 (Adj. Sess.) Subdiv. (b)(3): Deleted “which is part of the federal aid primary system or urban system for which funds are made available under 23 U.S.C. § 103(b) (1) or (d)(1), and” following “highway” and “or” at the end of the subdiv.

Subdivs. (b)(5) and (6): Added.

—1993. Subsec. (b): Added “; or” at the end of subdiv. (3) and added subdiv. (4).

1995 (Adj. Sess.) amendment. 1995, No. 140 (Adj. Sess.), § 4, provided in part that section 2 of the act, which amended this section, would apply to projects in the 1995 town highway bridge program and subsequent years.

§ 309b. Local match; certain town highway programs.

  1. Notwithstanding subsection 309a(a) of this title, grants provided to towns under the Town Highway Structures Program shall be matched by local funds sufficient to cover 20 percent of the project costs, unless the town has adopted road and bridge standards, has completed a network inventory, and has submitted an annual certification of compliance for town road and bridge standards to the Secretary, in which event the local match shall be sufficient to cover 10 percent of the project costs. The Secretary may adopt rules to implement the Town Highway Structures Program. Town highway structures projects receiving funds pursuant to this subsection shall be the responsibility of the applicant municipality.
  2. Notwithstanding subsection 309a(a) of this title, grants provided to towns under the Class 2 Town Highway Roadway Program shall be matched by local funds sufficient to cover 30 percent of the project costs, unless the town has adopted road and bridge standards, has completed a network inventory, and has submitted an annual certification of compliance for town road and bridge standards to the Secretary, in which event the local match shall be sufficient to cover 20 percent of the project costs. The Secretary may adopt rules to implement the Class 2 Town Highway Roadway Program. Class 2 town highway roadway projects receiving funds pursuant to this subsection shall be the responsibility of the applicant municipality, and a municipality shall not receive a grant in excess of $200,000.00.
  3. Notwithstanding subsections 309a(a), (b), and (c) of this title, a municipality may use a grant awarded under the Town Highway Structures Program or the Class 2 Town Highway Roadway Program to provide the nonfederal matching funds required to draw down a federal earmark or to match grants provided to towns under the American Recovery and Reinvestment Act of 2009 (ARRA). In all such cases, the grant shall be matched by local funds as provided in this section. The intended use of a town highway grant as matching funds for a federal earmark or for grants provided to towns under the ARRA shall not entitle a municipal grant applicant to any priority for a grant award in any fiscal year. When grants awarded under the Town Highway Structures Program or the Class 2 Town Highway Roadway Program are used to satisfy nonfederal matching requirements for federal earmarks or for grants provided to towns under the ARRA, the term “project costs” in subsections (a) and (b) of this section shall refer only to the nonfederal match for the federal earmark or for a grant provided to towns under the ARRA.

HISTORY: Added 1991, No. 175 (Adj. Sess.), § 10, eff. May 15, 1992; amended 1993, No. 211 (Adj. Sess.), § 14, eff. June 17, 1994; 1997, No. 144 (Adj. Sess.), § 6, eff. April 27, 1998; 2001, No. 64 , § 15, eff. June 16, 2001; 2005, No. 175 (Adj. Sess.), §§ 56, 57; 2007, No. 75 , § 20; 2009, No. 50 , § 33; 2009, No. 110 (Adj. Sess.), § 18, eff. July 1, 2011; 2021, No. 55 , § 16.

History

References in text.

The American Recovery and Reinvestment Act of 2009 (ARRA), referred to in subsec. (c), is codified as Pub. Law. No. 111-5.

Amendments

—2021. Subsec. (b): Substituted “$200,000.00” for “$175,000.00” at the end of the last sentence.

—2009 (Adj. Sess.) Inserted “and has submitted an annual certification of compliance for town road and bridge standards to the secretary” in the first sentences of subsecs. (a) and (b).

—2009. Subsec. (c): Amended generally.

—2007. Subsec. (c): Substituted “subsections 309a(a), (b), and (c)” for “§ 309a” following “notwithstanding” in the first sentence, and added the last sentence.

—2005 (Adj. Sess.). Subsec. (b): Added “and a municipality shall not receive a grant in excess of $175,000.00” at the end.

Subsec. (c): Added.

—2001. Section amended generally.

—1997 (Adj. Sess.). Added “certain” preceding “town” and substituted “programs” for “bridge and culvert program; class 2 town highway resurfacing program” in the section heading and added subsecs. (c) and (d).

—1993 (Adj. Sess.). Added “class 2 town highway resurfacing program” following “program” in the section heading, designated the existing provisions of the section as subsec. (a), deleted “of transportation” following “secretary” in the second sentence of that subsec., substituted “subsection” for “section” preceding “shall be” in the third sentence of that subsec., and added subsec. (b).

CROSS REFERENCES

Procedure for adoption of administrative rules, see 3 V.S.A. chapter 25.

§ 309c. Cancellation of locally managed projects.

  1. Notwithstanding section 309a of this title, a municipality or other local sponsor responsible for a locally managed project through a grant agreement with the Agency shall be responsible for the repayment, in whole or in part, of federal funds required by the Federal Highway Administration or other federal agency because of cancellation of the project by the municipality or other local sponsor due to circumstances or events wholly or partly within the municipality’s or other local sponsor’s control. Prior to any such determination that cancellation of a project was due to circumstances or events wholly or partly within a municipality’s or other local sponsor’s control, the Agency shall consult with the municipality or other local sponsor to attempt to reach an agreement to determine the scope of the municipality’s or other local sponsor’s repayment obligation.
  2. Within 15 days of an Agency determination under subsection (a) of this section, a municipality may petition the Board for a hearing to determine if cancellation of the project was due to circumstances or events in whole or in part outside the municipality’s control. The Board shall hold a hearing on the petition within 30 days of its receipt and shall issue an appropriate order within 30 days thereafter. If the Board determines that cancellation of the project was due in whole or in part to circumstances or events outside the municipality’s control, it shall order that the municipality’s repayment obligation be reduced proportionally, in whole or in part. The municipality shall have no obligation to make a repayment under this section until the Board issues its order.

HISTORY: Added 2009, No. 123 (Adj. Sess.), § 30.

History

References in text.

The Federal Highway Administration, referred to in subsec. (a), is codified as 49 U.S.C. § 104.

§ 309d. Policy for municipally managed transportation projects.

  1. Except in the case of projects or project components involving unpaved highways, for all transportation projects and project phases managed by a municipality, including planning, development, construction, or maintenance, it is the policy of this State for municipalities to consider “complete streets” principles, which are principles of safety and accommodation of all transportation system users, regardless of age, ability, or modal preference. If, after the consideration required under this section, a project does not incorporate complete streets principles, the municipality managing the project shall make a written determination, supported by documentation and available for public inspection at the office of the municipal clerk and at the Agency of Transportation, that one or more of the following circumstances exist:
    1. Use of the transportation facility by pedestrians, bicyclists, or other users is prohibited by law.
    2. The cost of incorporating complete streets principles is disproportionate to the need or probable use as determined by factors such as land use, current and projected user volumes, population density, crash data, historic and natural resource constraints, and maintenance requirements. The municipality shall consult local and regional plans, as appropriate, in assessing these and any other relevant factors.
    3. Incorporating complete streets principles is outside the scope of a project because of its very nature.
  2. The written determination required by subsection (a) of this section shall be final and shall not be subject to appeal or further review.

HISTORY: Added 2011, No. 34 , § 3.

§ 310. Highways, bridges, and trails.

  1. A town shall keep its class 1, 2, and 3 highways and bridges in good and sufficient repair during all seasons of the year, except that based on safety considerations for the traveling public and municipal employees, the selectboard shall, by rule adopted under 24 V.S.A. chapter 59, and after following the process for providing notice and hearing in section 709 of this title, have authority to determine whether a class 2 or 3 highway, or section of highway, should be plowed and made negotiable during the winter. A property owner aggrieved by a decision of the selectboard may appeal to the Transportation Board pursuant to subdivision 5(d)(9) of this title.
  2. Class 4 highways may be maintained to the extent required by the necessity of the town, the public good and the convenience of the inhabitants of the town, or may be reclassified using the same procedures as for laying out highways and meeting the standards set forth in section 302 of this title.
  3. A town shall not be liable for construction, maintenance, repair, or safety of trails.
  4. For class 2 and 3 highways that have routinely not been plowed and made negotiable prior to July 1, 2000, the process requirements of subdivision 302(a)(3)(B) of this title and subsection (a) of this section shall not be required. A property owner adversely affected by this subsection may request the selectboard to plow and make negotiable a class 2 or 3 town highway. However, a property owner aggrieved by a decision of the selectboard may appeal to the Transportation Board pursuant to subdivision 5(d)(9) of this title.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1999, No. 156 (Adj. Sess.), §§ 29, 30, eff. May 29, 2000.

History

Revision note—

Changed reference to subdiv. 5(d)(8) in subsecs. (a) and (d) to subdiv. 5(d)(9) in light of the redesignation of subdiv. 5(d)(8) as subdiv. 5(d)(9) by 2007, No. 75 , § 36.

Amendments

—1999 (Adj. Sess.). Subsec. (a): Amended generally.

Subsec. (d): Added.

Prior law.

19 V.S.A § 931.

CROSS REFERENCES

Repairs, maintenance, and improvements, see chapter 9 of this title.

Class 4 highways.

Construction.

Reclassification.

Snow removal.

Class 4 highways.

Trial court erred in requiring that a town perform certain maintenance on a class 4 town highway. The town’s decision was made pursuant to its road policy, which provided that the town was not required to regularly maintain a class 4 town highway and which properly implemented the statute dealing with highways, bridges, and trails, and there was no evidence of an arbitrary or discriminatory purpose in the implementation of the town’s policy concerning class 4 town highways. Demarest v. Town of Underhill, 2016 VT 10, 201 Vt. 185, 138 A.3d 206, 2016 Vt. LEXIS 7 (2016).

Construction.

Under the proper construction of the statutory language, a town is not required to reclassify a highway as a trail in order to provide only minimal maintenance for it. Town of Calais v. County Road Commissioners, 173 Vt. 620, 795 A.2d 1267, 2002 Vt. LEXIS 49 (2002) (mem.).

Town commendably implemented 19 V.S.A. § 310(b) through a general policy, avoiding the kind of ad hoc decision-making that might lead to discriminatory application of discretion. Although policy established less town responsibility for road repair and maintenance than appellee desired, it was fully consistent with the discretion accorded by 19 V.S.A. § 310(b) . Town of Calais v. County Road Commissioners, 173 Vt. 620, 795 A.2d 1267, 2002 Vt. LEXIS 49 (2002) (mem.).

Neither necessity nor public good required town to maintain bridge for sole use of owners of one parcel of land and their invitees. Smith v. Town of Derby, 170 Vt. 553, 742 A.2d 757, 1999 Vt. LEXIS 327 (1999) (mem.).

Reclassification.

Towns may reclassify class 4 town highways using the same procedures as for laying out highways and meeting the standards set forth in 19 V.S.A. § 302 . Town of Calais v. County Road Commissioners, 173 Vt. 620, 795 A.2d 1267, 2002 Vt. LEXIS 49 (2002) (mem.).

Reclassification of highway proceedings are subject to the same procedures as for laying out highways. Hansen v. Town of Charleston, 157 Vt. 329, 597 A.2d 321, 1991 Vt. LEXIS 174 (1991).

Snow removal.

Statute requiring towns to keep their highways in good repair included duty to remove snow to make roads passable. Sagar v. Warren Selectboard, 170 Vt. 167, 744 A.2d 422, 1999 Vt. LEXIS 403 (1999).

Town was not entitled to dismissal of property owner’s action to compel plowing of town road; discretionary power of town selectboard and its obligation to protect public safety did not allow it to close a class 2 road for winter months since, by its designation, road was required to meet a standard of negotiability under normal conditions all seasons of year, and thus property owner’s action alleged a refusal to act that was properly remedied by mandamus. Sagar v. Warren Selectboard, 170 Vt. 167, 744 A.2d 422, 1999 Vt. LEXIS 403 (1999).

Cited.

Cited in McMurphy v. State, 171 Vt. 9, 757 A.2d 1043, 2000 Vt. LEXIS 162 (2000).

Annotations From Former § 931

Duty of care generally.

While the statute imposed a duty upon a town to keep in good and sufficient repair at all seasons of the year its highways and bridges other than those on the State highway system, the imposition of that duty alone did not render a town liable for the negligent acts of its officers and employees. Lewis v. Vermont, 289 F. Supp. 246, 1968 U.S. Dist. LEXIS 9018 (D. Vt. 1968).

The statute required towns to keep and maintain their highways, except those on the State highway system, in good and sufficient repair. In re Mattison & Bentley, 120 Vt. 459, 144 A.2d 778, 1958 Vt. LEXIS 125 (1958).

Towns were bound to keep their highways in a reasonably safe condition with reference to such accidents as might fairly be expected to happen thereon. Howrigan v. Town of Bakersfield, 79 Vt. 249, 64 A. 1130, 1906 Vt. LEXIS 120 (1906).

Operation of gravel pit.

The provision of the statute requiring that a town keep its highways in repair authorized the town to operate a gravel pit to secure materials for use in road maintenance within the town; while not a “necessary” function, it was both “incident” and “subordinate” to fulfillment of the town’s statutory duty. Hinesburg Sand & Gravel Co. v. Town of Hinesburg, 135 Vt. 484, 380 A.2d 64, 1977 Vt. LEXIS 662 (1977).

§ 311. Class 1 and 2 highways; pavement markings.

The Agency shall mark all paved class 1 and 2 highways with painted center lines. The selectboard promptly shall notify the district transportation administrator when these markings have been obliterated by resurfacing.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1991, No. 175 (Adj. Sess.), § 11, eff. July 1, 1993; 1993, No. 25 , § 61a, eff. May 18, 1993; 1995, No. 60 , § 22, eff. April 25, 1995.

History

Amendments

—1995. Substituted “mark all paved” for “apply pavement markings to all portions of” preceding “class 1” and added “with painted center lines” following “highways” in the first sentence and substituted “selectboard” for “selectmen” preceding “promptly” in the second sentence.

—1993. Section amended generally.

—1991 (Adj. Sess.) Section amended generally.

Prior law.

19 V.S.A. § 973 .

§ 312. Use of funds; unexpended balances.

The funds raised from town highway taxes shall not be used for any purpose other than that for which the tax was voted, subject to the provisions of this chapter. If in any year money so voted is not expended, it shall be applied for the same purpose the following year.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 953 .

§ 313. Restricting use of covered bridges.

The Agency and the selectmen of the town where a covered bridge is located or, if parts of such a bridge are located in more than one town, the selectmen of the towns acting jointly, may restrict the use of the bridge to vehicles that are within limits as to weight, height, and width as they shall establish. The limitation shall be plainly posted at the approaches to the bridge at approximately 100 feet from each end of the bridge, and at intersections as may be required to enable operators of restricted vehicles to proceed by the most direct alternate unrestricted route. Posting shall be by means of permanent signs of a standard size of at least 24 inches by 24 inches, and with lettering not less than three inches high.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1622 .

CROSS REFERENCES

Posting of highways, see § 1110 of this title.

§ 314. Vote at town meeting.

In case the limitations proposed for a covered bridge are not approved by the selectmen and the Agency as provided in this chapter, the selectmen of the town or towns where the bridge is located shall have the right to place the question in the warnings of the next annual or special town meeting. When the bridge is located in more than one town, the limitations must be adopted by each of the towns and when so adopted, the bridge shall be posted according to the limitations.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1623 .

§ 315. Penalties.

A person who operates a vehicle exceeding the limit prescribed on a bridge thus restricted shall be fined not more than $200.00 for the first offense and not more than $300.00 for each subsequent offense.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1624 .

CROSS REFERENCES

Penalty for violating rules restricting use of highway, see § 1110 of this title.

§ 316. Removal of covered bridges; notice.

When a town or the Agency decide that the destruction or removal of a covered bridge is necessary, whether by discontinuance of the highway or to replace the bridge with another structure or for any other reason, notice of the intent to destroy or remove the bridge shall be posted by the officials in three public places in the town where the bridge is located and published on two consecutive days in a newspaper of general circulation in the town. Copies of the notice shall be sent by certified mail to the Governor and the Director of the Division for Historic Preservation not less than 90 days before destruction or removal is to be started, and the date of the proposed destruction or removal shall be stated in the notice. The requirement for a 90-day warning shall not apply in the event of a serious emergency.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note—

In the second sentence, substituted “director of the division for historic preservation” for “chairman of the board of historic sites” to be consistent with 3 V.S.A. § 2473 .

Prior law.

19 V.S.A. § 1624a .

§ 317. Preservation of historic bridges.

  1. The Division for Historic Preservation within the Agency of Commerce and Community Development is authorized to accept transfer from the Agency of Transportation, towns, railroads, or other entities of bridges deemed appropriate for preservation by the Secretary of Transportation and the Secretary of Commerce and Community Development. The Division also is authorized to accept land or interests in land with each such bridge as reasonably necessary to preserve the bridge site and public access to the site.
  2. Transfer of any bridge site or bridge approach to the Division for Historic Preservation under this section shall not be treated, for purposes of any law or rule of law, as an abandonment of the use of the right-of-way for highway or railroad purposes.
  3. The Division for Historic Preservation may adopt such rules as are necessary to preserve, protect, and control the use of historic bridges, bridge sites, and bridge approaches.
  4. The Division for Historic Preservation is authorized to purchase or lease a site or sites for the storage of dismantled historic bridges that are being preserved for possible reconstruction and reuse.
  5. The Division for Historic Preservation is authorized to sell, lease, or otherwise convey the fee or lesser interest to any historic bridge. In all cases where an historic bridge is conveyed, the Division shall prescribe covenants necessary to preserve the historic integrity of the bridge. Any funds obtained from the sale, lease, or conveyance shall be used for the purposes outlined in subsection (a) of this section.
  6. [Repealed.]

HISTORY: Added 1993, No. 36 , § 3; amended 1995, No. 190 (Adj. Sess.), § 1(a), (b); 2011, No. 153 (Adj. Sess.), § 29.

History

Amendments

—2011 (Adj. Sess.). Subsec. (f): Repealed.

—1995 (Adj. Sess.) Subsec. (a): Substituted “agency of commerce and community development” for “agency of development and community affairs” and “secretary of commerce and community development” for “secretary of development and community affairs” in the first sentence.

CROSS REFERENCES

Procedure for adoption of administrative rules, see 3 V.S.A. chapter 25.

Funds for rehabilitation of historic bridges, see § 11d of this title.

§ 318. Local Technical Assistance Program; input from municipalities.

  1. Prior to submitting a fiscal year Local Technical Assistance Program (LTAP) work plan to the Federal Highway Administration for approval, the Agency shall, in consultation with the Vermont League of Cities and Towns and any other person the Agency deems appropriate, solicit from all Vermont towns, villages, and cities:
    1. input on whether the Agency is providing effective municipal transportation-related technical assistance and training through the LTAP;
    2. recommendations on how to improve the Agency’s operation of the LTAP; and
    3. recommendations for new training, technical assistance, or support functions to be provided through the LTAP.
  2. The Agency shall consider the input and recommendations received from municipalities in developing its annual LTAP work plan.
  3. Upon request, the Agency shall provide the Vermont League of Cities and Towns administrative support in soliciting and collecting municipal input and recommendations.

HISTORY: Added 2013, No. 167 (Adj. Sess.), § 13.

History

Town Highway Vermont Local Roads; Local Technical Assistance Program. 2013, No. 167 (Adj. Sess.), § 12 provides: “(a) On or before June 30, 2015, the Agency shall complete a transition of the Vermont Local Roads Program from a grant program operated by grantee Saint Michael’s College to a program operated by the Agency’s Vermont Transportation Training Center. The Agency shall continue to offer the Vermont Local Roads Program a grant agreement until at least April 15, 2015.

“(b) In making the transition, the Agency shall create a Local Technical Assistance Program (LTAP or Program) within the Agency’s Vermont Transportation Training Center. Consistent with the history of services provided by the Vermont Local Roads Program, the purpose of the LTAP will be to provide transportation-related technical assistance and training for municipalities, including workshops, technology demonstrations, computer training, distance learning, seminars, and field and classroom instruction. If it is legally permissible for the LTAP to use the name Vermont Local Roads, the Agency may continue to use that name.

“(c)(1) Upon completion of the transition described in this section, the Town Highway Vermont Local Roads Program within the Agency’s proposed fiscal year 2015 Transportation Program shall be renamed the Local Technical Assistance Program.

“(2) Funding for the Vermont Local Roads Program approved and appropriated by the General Assembly for fiscal year 2015 that is unexpended by the Vermont Local Roads Program shall be used for operating expenses of the LTAP.

“(d) In carrying out the Local Technical Assistance Program, the Agency shall:

“(1) offer the same or substantially similar courses as were offered by the Vermont Local Roads Program, as long as demand from municipalities justifies continuing such course offerings;

“(2) offer courses in multiple locations throughout the State, to a similar or greater extent than the Vermont Local Roads Program offered courses throughout the State; and

“(3) continue providing municipalities the support functions that the Vermont Local Roads Program provided, including facilitating list serves, issuing informational newsletters, providing technical assistance consultation, maintaining a website, and supporting cooperation and communication among municipal transportation officials and employees.

“(e)(1) On or before January 15, 2015, the Agency shall provide the House and Senate Committees on Transportation an LTAP work plan for fiscal year 2016 detailing how the Program will accomplish the requirements set forth in subsection (d) of this section.

“(2) Prior to submitting the work plan required under subdivision (1) of this subsection to the Committees, the Agency shall:

“(A) in consultation with the Vermont League of Cities and Towns and any other person the Agency deems appropriate, solicit from all Vermont towns, villages, and cities recommendations on:

“(i) how the LTAP can provide effective municipal transportation-related technical assistance and training; and

“(ii) new training, technical assistance, or support functions that could be provided through the LTAP.

“(B) consider the input and recommendations received from municipalities in developing the LTAP work plan.”

Chapter 5. Condemnation for State Highway Projects

History

Revision note

—2009. Sections 507, 508, 509, and 510 of this title were amended in 2009, No. 54 §§ 71-74, providing for the transfer of original jurisdiction of necessity condemnation proceedings for highways from superior court to the transportation board. However, these sections were amended subsequently in 2009, No. 3 (Sp. Sess.), §§ 1-4, reverting the statutory text to the language that existed prior to the enactment of 2009, No. 54 .

Amendments

—2011 (Adj. Sess.). Inserted “for State Highway Projects” following “Condemnation” in the chapter heading.

Legislative intent. 2011, No. 126 (Adj. Sess.), § 1 provides: “(a) The intent of the changes to the definition of necessity made in this act is to state the definition in accordance with State Transportation Board v. May, 137 Vt. 320 (1979), and to reorganize the definition for the sake of clarity. No substantive change is intended.

“(b) The standard of review of the agency of transportation’s determination of necessity established in 19 V.S.A. § 505(a)(3) of this act is intended to replace the former language of 19 V.S.A. § 507(a) stating that ‘the exercise of reasonable discretion upon the part of the agency shall not be presumed,’ as well as to replace the standard of review adopted in Latchis v. State Hwy. Bd., 120 Vt. 120 (1957) and relied upon in subsequent cases.”

CROSS REFERENCES

Compensation for taking of private property required, see Vt. Const. Ch. I, Art. 2.

Purchase and sale of property by Agency of Transportation, see § 26 of this title.

Disposition of lands upon abandonment of projects, see § 31 of this title.

Relocation assistance, see chapter 21 of this title.

Annotations From Former §§ 221-236

Construction.

The expression “land and rights” found in the chapter referred to the nature of the interest sought to be acquired by the Highway Board, and did not refer to any of the various property interests existing in the particular land affected by the proposed taking. American Oil Co. v. State Highway Board, 122 Vt. 496, 177 A.2d 358, 1962 Vt. LEXIS 127 (1962).

For purposes of the chapter, cost and value were not equivalent terms. Smith v. State Highway Board, 125 Vt. 54, 209 A.2d 495, 1965 Vt. LEXIS 197 (1965).

Construction with other law.

It is entirely consistent to construe 19 V.S.A. § 2307(b) to require that municipalities follow 19 V.S.A. ch. 5, which governs condemnation, when taking private lands solely for bicycle routes, but to allow them to proceed under 19 V.S.A. ch. 7, which governs laying out, discontinuing, and reclassifying highways, when dominant purpose is laying out of highway, even if bicycle route is part of overall project. Munson v. City of South Burlington, 162 Vt. 506, 648 A.2d 867, 1994 Vt. LEXIS 86 (1994).

Nature of proceeding.

Exercise of the power of eminent domain under the chapter was a proceeding in rem which established a new title and extinguished all previous rights in the subject property. City of Winooski v. State Highway Board, 124 Vt. 496, 207 A.2d 255, 1965 Vt. LEXIS 279 (1965).

The chapter contemplated a single proceeding against the property in the nature of an in rem action transferring to the Highway Board the required right in the property in return for money damages representing its fair equivalent, passing in the first instance to the person having the legal capacity to convey the interest acquired. American Oil Co. v. State Highway Board, 122 Vt. 496, 177 A.2d 358, 1962 Vt. LEXIS 127 (1962).

Purpose and effect of chapter.

The overriding purpose of the Legislature in enacting the chapter was to see to it that the landowner should receive fair treatment when his land was taken, and in keeping with this purpose it provided for damages for business loss; the whole spirit of the law was to see to it that the landowner would get just treatment and fair compensation for the land taken away from him. Farrell v. State Highway Board, 123 Vt. 453, 194 A.2d 410, 1963 Vt. LEXIS 110 (1963).

The Legislature did not intend by the passage of the chapter to set up the State Highway Board as a trial body of extended jurisdiction. American Oil Co. v. State Highway Board, 122 Vt. 496, 177 A.2d 358, 1962 Vt. LEXIS 127 (1962).

The effect of the chapter was in substance to allow the question of necessity to be determined in advance and independently of questions of damage, and to ensure that courts would have to deal only with highway projects fully supported by the essential engineering studies and surveys of affected lands. State Highway Board v. Loomis, 122 Vt. 125, 165 A.2d 572, 1960 Vt. LEXIS 116 (1960).

The chapter did not enlarge the authority of the Highway Board with respect to powers of condemnation. State Highway Board v. Loomis, 122 Vt. 125, 165 A.2d 572, 1960 Vt. LEXIS 116 (1960).

Whatever power courts might have had with respect to State highways to establish a new highway line or a different land taking beyond the bounds of a Highway Board petition was abridged by the chapter. State Highway Board v. Loomis, 122 Vt. 125, 165 A.2d 572, 1960 Vt. LEXIS 116 (1960).

Notes to Opinions

Annotations From Former §§ 221-236.

Nature of proceeding.

A condemnation proceeding was in rem, as it lay against the piece of property itself. 1960-62 Vt. Op. Att'y Gen. 49.

§ 500. Intent.

The purpose of this chapter is to ensure that a property owner receives fair treatment and just compensation when the owner’s property is taken for State highway projects, and that condemnation proceedings are conducted expeditiously so that highway projects in the public interest are not unnecessarily delayed.

HISTORY: Added 2011, No. 126 (Adj. Sess.), § 2.

§ 501. Definitions.

As used in this chapter:

  1. “Necessity” means a reasonable need that considers the greatest public good and the least inconvenience and expense to the condemning party and to the property owner. Necessity shall not be measured merely by expense or convenience to the condemning party. Necessity includes a reasonable need for the highway project in general as well as a reasonable need to take a particular property and to take it to the extent proposed. In determining necessity, consideration shall be given to the:
    1. adequacy of other property and locations;
    2. quantity, kind, and extent of cultivated and agricultural land that may be taken or rendered unfit for use, immediately and over the long term, by the proposed taking;
    3. effect upon home and homestead rights and the convenience of the owner of the land;
    4. effect of the highway upon the scenic and recreational values of the highway;
    5. need to accommodate present and future utility installations within the highway corridor;
    6. need to mitigate the environmental impacts of highway construction; and
    7. effect upon town grand lists and revenues.
  2. Damages resulting from the taking or use of property under the provisions of this chapter shall be the value for the most reasonable use of the property or right in the property, and of the business on the property, and the direct and proximate decrease in the value of the remaining property or right in the property and the business on the property. The added value, if any, to the remaining property or right in the property which accrues directly to the owner of the property as a result of the taking or use, as distinguished from the general public benefit, shall be considered in the determination of damages.
  3. “Interested person” or “person interested in lands” or “property owner” means a person who has a legal interest of record in the property taken or proposed to be taken.
  4. “Highway” shall include park and rides.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1995, No. 60 , § 41, eff. April 25, 1995; 2011, No. 126 (Adj. Sess.), § 2; 2017, No. 38 , § 16; 2021, No. 20 , § 90.

History

Amendments

—2021. Substituted “As used in this chapter” for “The following words and phrases as used in this chapter shall have the following meanings” in the first sentence.

—2017. Subdiv. (4): Added.

—2011 (Adj. Sess.). Subdiv. (1): Amended generally.

Subdiv. (3): Inserted “or ‘property owner’ ” preceding “means a person who has a legal interest of record in the property” and substituted “taken or proposed to be taken” for “affected” thereafter.

—1995. Subdiv. (1): Inserted “to the need to accommodate present and future utility installations within the highway corridor; to the need to mitigate the environmental impacts of highway construction” following “values of the highway” in the fifth sentence.

Prior law.

19 V.S.A. § 221 .

Business losses.

Construction with other law.

Evidence.

Judicial review.

Valuation.

Business losses.

Although business losses are compensable, Vermont’s statutory scheme significantly limits their recovery by compensating for only those losses directly and proximately caused by the physical loss of property. Ehrhart v. Agency of Transportation, 2006 VT 68, 180 Vt. 125, 904 A.2d 1200, 2006 Vt. LEXIS 153 (2006).

When the loss of a piece of property results directly in further losses to a business, the owner is entitled to compensation, but when the business loss arises from the rerouting of traffic, and not from the loss of the land itself, no compensation is due. Ehrhart v. Agency of Transportation, 2006 VT 68, 180 Vt. 125, 904 A.2d 1200, 2006 Vt. LEXIS 153 (2006).

The fact that a highway project required the taking of landowners’ property did not make all losses resulting from the project, including losses resulting from the placement of the median strip, compensable. Ehrhart v. Agency of Transportation, 2006 VT 68, 180 Vt. 125, 904 A.2d 1200, 2006 Vt. LEXIS 153 (2006).

Court in condemnation proceeding did not err in submitting issue of business loss to jury; fact that business was not owned by landowner individually but by family corporation was not determinative, since applicable statutes did not require that landowner own the business as a sole proprietorship in order to recover business loss. Mazza v. Agency of Transportation, 168 Vt. 112, 716 A.2d 817, 1998 Vt. LEXIS 150 (1998).

Business losses which have not necessarily been compensated for in the allowance made for the land in a condemnation proceeding are recognized as an item of damage, although only with respect to a fixed and established business. Raymond v. Chittenden County Circumferential Highway, 158 Vt. 100, 604 A.2d 1281, 1992 Vt. LEXIS 14 (1992).

Plaintiffs in condemnation proceeding did not meet the requirements for a business loss award, where it was impossible to distinguish business loss from the value of the land because the nature of the business was the sale of the land. Raymond v. Chittenden County Circumferential Highway, 158 Vt. 100, 604 A.2d 1281, 1992 Vt. LEXIS 14 (1992).

In determining compensation for taking of property of shopping center owner, which taking consisted of a strip of the parking lot along the road taken to widen the road, evidence of diminution in the value of the remainder property should have been admitted, based on claim that income produced by the use would decline due to loss of parking spaces. In re Condemnation Award to 89-2 Realty, 152 Vt. 426, 566 A.2d 979, 1989 Vt. LEXIS 173 (1989).

Construction with other law.

On the issue of damages available to the property owner in cases involving condemnation by solid waste management districts, the governing statute is identical to that for condemnation generally. Thus, preexisting case law on damages is available in a proceeding for condemnation of a sand pit to create a solid waste landfill. In re Chittenden Solid Waste District, 2007 VT 28, 182 Vt. 38, 928 A.2d 1183, 2007 Vt. LEXIS 54 (2007).

Evidence.

In an eminent domain proceeding, the trial court properly excluded evidence relating to other land sales to the condemning agency. The owners of the other parcel faced the possibility of condemnation at the time of the sales, which were facially quite unusual and which cut off the property in question from access to a highway; the evidence was marginally probative and quite confusing. Harrington v. Vermont Agency of Transportation, 2009 VT 25, 185 Vt. 617, 971 A.2d 658, 2009 Vt. LEXIS 30 (2009) (mem.).

Judicial review.

In reviewing the grant of a necessity petition under this chapter, the appellate court must accept the findings of the trial court if supported by any competent evidence, and must accept the trial court’s decision unless there is an abuse of that court’s discretion. Rossetti v. Chittenden County Transportation Authority, 165 Vt. 61, 674 A.2d 1284, 1996 Vt. LEXIS 6 (1996).

Valuation.

Where landowner in condemnation proceeding raised claim for business loss of farm as well as for loss of land used in the farm, jury was required to value property for farm use rather than its highest and best use as residential development once it decided to award business loss, and since jury’s verdict was supported by evidence it was required to stand. Mazza v. Agency of Transportation, 168 Vt. 112, 716 A.2d 817, 1998 Vt. LEXIS 150 (1998).

Court in condemnation proceeding did not err in refusing to allow jury to award landowner the cost of a new irrigation line, where landowner provided no evidence on how the expense related to fair market value of the remaining land or business. Mazza v. Agency of Transportation, 168 Vt. 112, 716 A.2d 817, 1998 Vt. LEXIS 150 (1998).

An owner whose property is taken by condemnation is entitled to the value for the most reasonable use of the property, along with compensation for business loss and the reduced value of any remaining property; value used is fair market value when the land is taken at its highest and best use. Raymond v. Chittenden County Circumferential Highway, 158 Vt. 100, 604 A.2d 1281, 1992 Vt. LEXIS 14 (1992).

Value for most reasonable use of property in condemnation proceeding must be set on date of condemnation. Raymond v. Chittenden County Circumferential Highway, 158 Vt. 100, 604 A.2d 1281, 1992 Vt. LEXIS 14 (1992).

Value of 50-acre undeveloped property plaintiff planned to turn into 87-unit housing development was properly set at the condemnation date, when the property was raw and without infrastructure, rather than at various levels of development, since plans not performed on were not compensable. Raymond v. Chittenden County Circumferential Highway, 158 Vt. 100, 604 A.2d 1281, 1992 Vt. LEXIS 14 (1992).

Annotations From Former § 221

Necessity.

The “necessity” required for the State to take land and rights of others for highway construction did not mean an absolute or imperative necessity but only that the taking have been reasonably necessary to the accomplishment of the end in view under the particular circumstances. Agency of Transportation v. Wall Management, 144 Vt. 640, 481 A.2d 1270, 1984 Vt. LEXIS 529 (1984).

The “necessity” required for laying out a public road did not mean an imperative, indispensable or absolute necessity but only that the taking have been reasonably necessary to the accomplishment of the end in view under the particular circumstances. Cersosimo v. Town of Townshend, 139 Vt. 594, 431 A.2d 496, 1981 Vt. LEXIS 516 (1981).

Implicit in the use of the term “necessity” was the need or necessity for the highway itself, as well as the necessity that particular parcels of land were required for the construction of the highway. State Transportation Board v. May, 137 Vt. 320, 403 A.2d 267, 1979 Vt. LEXIS 966 (1979).

Necessity did not mean an imperative or indispensable or absolute necessity but only that the taking provided for have been reasonably necessary for the accomplishment of the end in view under the particular circumstances. Latchis v. State Highway Board, 120 Vt. 120, 134 A.2d 191, 1957 Vt. LEXIS 74 (1957).

Severance damages.

The State must compensate the land owner for severance damages—the remainder’s direct and proximate decrease in value, including the business thereon; the difference between the market value of the remaining property immediately before and after the taking properly measures this decrease. Pinewood Manor, Inc. v. Agency of Transportation, 164 Vt. 312, 668 A.2d 653, 1995 Vt. LEXIS 110 (1995).

Notes to Opinions

Annotations From Former § 221.

Persons having interests in property.

The term “owner” included not just one person, but all persons having a lawful interest in the subject property; the singular could be used to include plural ownership in applicable cases. 1960-62 Vt. Op. Att'y Gen. 49.

The word “owner” meant the holder of any legal interest in the subject property. 1960-62 Vt. Op. Att'y Gen. 49.

§ 502. Authority; precondemnation hearing.

  1. Authority.   The Agency, when in its judgment the interests of the State require, may take any property necessary to lay out, relocate, alter, construct, reconstruct, maintain, repair, widen, grade, or improve any State highway, including affected portions of town highways. In furtherance of these purposes, the Agency may enter upon lands to conduct necessary examinations and surveys; however, the Agency shall do this work with minimum damage to the land and disturbance to the owners and shall be subject to liability for actual damages. All property taken permanently shall be taken in fee simple whenever practicable. The Agency’s acquisition of property pursuant to this chapter, whether by condemnation or conveyance in lieu of condemnation, shall not require subdivision approval under any law, regulation, or municipal ordinance. For all State highway projects involving property acquisitions, the Agency shall follow the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act and its implementing regulations, as may be amended.
  2. Limited access highway facilities.   The Agency, in the construction and maintenance of limited access highway facilities, may also take any land or rights of the landowner in land under 9 V.S.A. chapter 93, subchapter 2, relating to advertising on limited access highways.
  3. Public hearing; notice of hearing.
    1. A public hearing shall be held for the purpose of receiving suggestions and recommendations from the public prior to the Agency’s initiating proceedings under this chapter for the acquisition of any property. The hearing shall be conducted by the Agency.
    2. The Agency shall prepare an official notice stating the purpose for which the property is desired and generally describing the highway project.
    3. Not less than 30 days prior to the hearing, the Agency shall:
      1. cause the official notice to be printed in a newspaper having general circulation in the area affected;
      2. mail a copy of the notice to the legislative bodies of the municipalities affected; and
      3. mail a copy of the notice to all known owners whose property may be taken as a result of the proposed improvement.
    4. At the hearing, the Agency shall set forth the reasons for the selection of the route intended and shall hear and consider all objections, suggestions for changes, and recommendations made by any person interested. Following the hearing, the Agency may proceed to lay out the highway and survey and acquire the land to be taken or affected in accordance with this chapter.
  4. Land used for school purposes.   The Agency shall not take land or any right in land that is owned by a town or union school district and being used for school purposes until the voters of the district have voted on the issue of taking at a meeting called for that purpose. A special meeting of the town or union school district shall be called promptly upon receiving notice of a public hearing unless the annual meeting is to be held within 30 days after receiving the notice of public hearing. Due consideration shall be given by the court to the result of the vote, in addition to the other factors referred to in section 501 of this title, in determining necessity.
  5. Future planning.   In the interests of orderly and effective future planning, the Agency may acquire land and rights in land to be used for highway purposes within the reasonably foreseeable future, including future construction of four-lane highways on routes presently designed for construction of two lanes, and the construction of interchanges, bridges, and all other improvements to existing highways or highways presently scheduled for construction. In the case of the laying out of highways on a new location, “reasonably foreseeable future” means projects on which construction is to be commenced in a period not exceeding 15 years from the date of acquisition. In the event the Agency determines that the land is no longer necessary for use as a highway, it shall immediately sell the property at public sale to private persons, giving consideration to the adjoining landowners.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 20; 2011, No. 126 (Adj. Sess.), § 2; 2019, No. 59 , § 23; 2021, No. 20 , § 91.

History

Revision note

—2013. In subsec. (c), deleted “but not limited to” following “including” in accordance with 2013, No. 5 , § 4.

Amendments

—2021. Subsec. (a): Substituted “Acquisition” for “Acquisitions” preceding “Policies Act”; and deleted “(Act)” thereafter in the last sentence.

Subsec. (b): Added “Limited access highway facilities.” at the beginning of the subsec.

Subsec. (d): Added “Land used for school purposes.” at the beginning of the subsec.

Subsec. (e): Added “Future planning.” at the beginning of the subsec.

—2019. Subsec. (a): Substituted “interests” for “interest” and “require” for “requires” in the first sentence; added the fourth sentence; and substituted “(Act)” for “(‘Act’)” in the fifth sentence.

—2011 (Adj. Sess.). Section amended generally.

—1993 (Adj. Sess.). Substituted “precondemnation procedure” for “notice and hearing” in the section heading.

Subsec. (a): Substituted “in land” for “therein” following “rights” in the first sentence.

Subsec. (b): Substituted “agency” for “transportation board” preceding “in the construction”.

Subsec. (c): Rewrote the first sentence; deleted the former third sentence; inserted “board, the” preceding “legislative” and substituted “bodies” for “body” and “proposed improvement” for “judgment” in the fourth sentence of the first paragraph; added the third and fifth paragraphs; and substituted “may” for “shall” preceding “proceed”, and “any” for “the” preceding “objections”, deleted “shall” preceding “survey”, added “received from the public” following “recommendations”, and made minor changes in punctuation in the sixth paragraph.

Subsec. (d): Substituted “agency” for “transportation board” following “shall not take” in the first sentence.

Subsec. (e): Substituted “agency” for “board” following “planning, the” in the first sentence, “15” for “fifteen” preceding “years” in the second sentence, and “agency” for “transportation board” preceding “determines” in the third sentence.

Prior law.

19 V.S.A. § 222 .

Fifteen year rule.

Where the head of a road construction project said that the project would be commenced within 15 years if funding was available, such project does not violate the 15-year requirement of commencement in 19 V.S.A. § 502(e) because the Legislature, which authorized the project, is presumed to be aware of its own statute and has the power to fund the project before 15 years lapses. Vermont Agency of Transportation v. Mazza, 161 Vt. 564, 632 A.2d 363, 1993 Vt. LEXIS 81 (1993) (mem.).

Cited.

Cited in In re Chittenden Solid Waste District, 163 Vt. 185, 657 A.2d 197, 1995 Vt. LEXIS 7 (1995); In re Munson Earth Moving Corp., 169 Vt. 455, 737 A.2d 906, 1999 Vt. LEXIS 227 (1999).

Annotations From Former § 222

Hearing.

A hearing was for the purpose of informing the Highway Board of objections with respect to a contemplated project and was not a judicial proceeding. State Highway Board v. Coburn, 125 Vt. 513, 219 A.2d 582, 1966 Vt. LEXIS 221 (1966).

The informational hearing under the statute was not held to determine the right of the Highway Board to condemn property or to decide the question of necessity for the highway. State Highway Board v. Hazen, 126 Vt. 46, 221 A.2d 579, 1966 Vt. LEXIS 160 (1966).

At the informational hearing under the statute the State Highway Board could present a generalized description of the highway improvement and was not required to present a detailed survey of the project. State Highway Board v. Hazen, 126 Vt. 46, 221 A.2d 579, 1966 Vt. LEXIS 160 (1966).

§ 503. Precondemnation necessity determination; survey and appraisal; offer of just compensation; notice of rights; negotiation; stipulation.

  1. Necessity determination; appraisal.
    1. After conducting the hearing required under section 502 of this chapter and considering the objections, suggestions, and recommendations received from the public, if the Agency finds the taking of property to be necessary for the purpose of laying out, relocating, altering, constructing, reconstructing, maintaining, repairing, widening, grading, or improving a State highway, it shall cause the property proposed to be acquired or affected to be surveyed and shall make a written determination of necessity consistent with subdivision 501(1) of this chapter. Prior to initiating negotiations under this section, the Agency shall cause property proposed to be taken to be appraised unless:
      1. the property owner offers to donate the property after being fully informed by the Agency of the right to receive just compensation for damages and releasing the Agency from any obligation to conduct an appraisal; or
      2. the Agency determines that an appraisal is unnecessary because the valuation question is uncomplicated and the Agency estimates the property to have a low fair market value, in accordance with 49 C.F.R. § 24.102.
    2. The Agency shall prepare a waiver valuation if an appraisal is not conducted, pursuant to subdivision (1)(B) of this subsection (a).
    3. The property owner or his or her designee shall be given an opportunity to accompany the appraiser during the appraiser’s inspection of the property.
  2. Offer of just compensation.   Prior to the initiation of negotiations, the Agency shall prepare a written offer of just compensation, which shall include a statement of the basis for the offer and a legal description of the property proposed to be acquired.
  3. Negotiation.   Prior to instituting condemnation proceedings under section 504 of this chapter, the Agency shall make every reasonable effort to acquire property expeditiously by negotiation and shall comply with subsection (d) of this section.
  4. Notice and other documents.   The Agency shall hand-deliver or send by mail to owners of property to be acquired a notice of procedures and rights and the offer of just compensation. The notice of procedures and rights shall include an explanation of the proposed State highway project and its purpose, and statements that:
    1. The Agency is seeking to acquire the property described in the offer of just compensation for the project.
    2. Agency representatives are available to discuss the offer of just compensation.
    3. The Agency does not represent the property owner, and he or she may benefit from the advice of an attorney.
    4. If the Agency and the property owner are unable to reach agreement on the Agency’s legal right to take the property, the Agency may file a complaint in Superior Court to determine this issue. The property owner has the right to challenge the taking by contesting the necessity of the taking, the public purpose of the project, or both, but must contest these issues by filing an answer to the complaint with the court. If the owner does not file a timely answer, the court may enter a default judgment in favor of the Agency.
    5. The property owner may enter into an agreement with the Agency stipulating to the Agency’s legal right to take his or her property without waiving the owner’s right to contest the amount of the Agency’s offer of compensation.
    6. If the Agency and the property owner agree that a taking is lawful, or if a court issues a judgment authorizing the Agency to take the owner’s property, title to the property will transfer to the Agency only after the Agency files documentation of the agreement or judgment with the town clerk, pays or tenders payment to the owner, and sends or delivers to the owner a notice of taking.
    7. To contest the amount of compensation received, the owner must file an action with the Transportation Board or in Superior Court within 90 days of the notice of taking, except that the issue of compensation (damages) must be decided by the Superior Court if the owner’s demand exceeds the Agency’s offer of just compensation by more than $25,000.00. The owner or the Agency may appeal a decision of the Board to the Superior Court, and may appeal a decision of the Superior Court to the Supreme Court. Either party is entitled to demand a trial by jury in Superior Court on the issue of damages.
    8. A copy of an appraisal or an estimated valuation (waiver valuation) shall be furnished by the Agency at the owner’s request.
    9. Summarize the property owner’s right to relocation assistance, if applicable.
  5. Agreement on taking, damages.
    1. An interested person may enter into an agreement with the Agency stipulating to the necessity of the taking and the public purpose of the project, to damages, or to any of these. The agreement shall include:
      1. a statement that the person executing the agreement has examined a survey or appraisal of the property to be taken;
      2. an explanation of the legal and property rights affected;
      3. a statement that the person has received the documents specified in subsection (d) of this section; and
      4. if the agreement concerns only the issues of necessity or public purpose, a statement that the right of the person to object to the amount of compensation offered is not affected by the agreement.
    2. If an interested person executes an agreement stipulating to the necessity of the taking and the public purpose of the project in accordance with subdivision (1) of this subsection, the Agency shall prepare, within 10 business days of entering into the agreement, a notice of condemnation and shall file it in accordance with section 506 of this chapter. The notice of condemnation shall include a legal description of the property to be taken.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 2011, No. 126 (Adj. Sess.), § 2; 2019, No. 59 , § 21.

History

Amendments

—2019. Subsec. (d): Substituted “owners of property to be acquired” for “interested persons” in the first sentence.

—2011 (Adj. Sess.). Rewrote the section.

Prior law.

19 V.S.A. § 223 .

§ 504. Complaint; service; answer.

  1. Verified complaint.   If a property owner has not entered into an agreement stipulating to the necessity of a taking and the public purpose of a highway project, and the Agency wishes to proceed with the taking, the Agency shall file a verified complaint in the Civil Division of the Superior Court in a county where the project is located seeking a judgment of condemnation. The complaint shall name as defendants each property owner who has not stipulated to a proposed taking, and shall include:
    1. Statements that the Agency has complied with subsection 503(d) of this chapter.
    2. The Agency’s written determination of necessity.
    3. A general description of the negotiations undertaken.
    4. A survey of the proposed project, and legal descriptions of the property and of the interests in the property proposed to be taken. As used in this subdivision, “survey” means a plan, profile, or cross section of the proposed project. The survey and legal descriptions served upon the property owner only need to include the particular property or properties at issue.
  2. Service and notice.
    1. Except as otherwise provided in this section, the Agency shall serve the complaint and summons in accordance with the Vermont Rules of Civil Procedure and section 519 of this chapter.
    2. The Agency shall publish a notice of the complaint, the substance of the summons, and a description of the project and of the lands to be taken in a newspaper of general circulation in the municipalities where the project is located, once a week on the same day of the week for three consecutive weeks. The Agency shall mail a copy of the newspaper notice to the last known address of an interested person not otherwise served, if any address is known. Upon affidavit by the Secretary that diligent inquiry has been made to find all interested persons and, if applicable, that service on a known interested person cannot with due diligence be made in or outside the State by another method prescribed in Rule 4 of the Vermont Rules of Civil Procedure, the newspaper publication shall be deemed sufficient service on all unknown interested persons and all known interested persons who cannot otherwise be served. Service by newspaper publication is complete the day after the third publication.
    3. Unless otherwise served under subdivision (1) of this subsection, the Agency shall mail a copy of the complaint to the clerk, legislative body, and board of listers of each municipality in which land is proposed to be taken. The clerk with responsibility over the land records shall record the copy of the complaint (including the survey), and shall enter the names of the property owners named in the complaint in the general index of transactions affecting the title to real estate.
  3. Necessity, public purpose; default.   If an interested person does not file a timely answer denying the necessity of a taking or the public purpose of the project, the court may enter a judgment of condemnation by default.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 21; 2011, No. 126 (Adj. Sess.), § 2; 2019, No. 59 , § 22; 2021, No. 20 , § 92.

History

Amendments

—2021. Subdiv. (a)(4): Substituted “in the property” for “therein” following “interests” in the first sentence.

—2019. Subsec. (a): Substituted “property owner” for “interested person” following “as defendants each” in the second sentence.

Subdiv. (a)(4): Added the second and third sentences.

—2011 (Adj. Sess.). Rewrote the section.

—1993 (Adj. Sess.). Substituted “agency may” for “board shall” preceding “petition a superior” and “it” for “the agency” preceding “proposes” in the first sentence.

Prior law.

19 V.S.A. § 224 .

ANNOTATIONS

Construction with other law.

The Agency of Transportation was not required to adhere to the provisions of 19 V.S.A. § 33 before filing its necessity petition pursuant to this section and because the Superior Court’s order granting the petition was fairly and reasonably supported by legitimate evidence, it was required to be affirmed. In re South Burlington-Shelburne Hwy. Project, 174 Vt. 604, 817 A.2d 49, 2002 Vt. LEXIS 342 (2002) (mem.).

§ 505. Hearing on proposed taking; judgment; appeal and stay.

  1. Hearing.
    1. If a timely answer is filed denying the necessity of a taking or the public purpose of the project, the court shall schedule a final hearing to determine the contested issues, which shall be held within 90 days of expiration of the deadline for filing an answer by the last interested person served. Absent good cause shown, the final hearing date shall not be postponed beyond the 90-day period.
    2. At the hearing, the Agency shall present evidence on any contested issue.
      1. The court shall presume that the Agency’s determination of the necessity for and public purpose of a project is correct, unless a party demonstrates bad faith or abuse of discretion on the part of the Agency. (3) (A) The court shall presume that the Agency’s determination of the necessity for and public purpose of a project is correct, unless a party demonstrates bad faith or abuse of discretion on the part of the Agency.
      2. The court shall review de novo the Agency’s determination of the need to take a particular property and to take it to the extent proposed.
  2. Discovery.   Absent a showing of unfair prejudice, the right to discovery on the issues of necessity and public purpose shall be limited to the plans, surveys, studies, reports, data, decisions, and analyses relating to approving and designing the highway project.
  3. Judgment.   If the court finds a proposed taking lawful, it shall issue a judgment of condemnation describing the property authorized to be taken, declaring the right of the Agency to take the property by eminent domain, and declaring that title to the property will be transferred to the Agency after the Agency, in accordance with section 506 of this chapter, has recorded the judgment, tendered or deposited payment, and notified the owner of the recording and payment. The court may in its judgment modify the extent of a proposed taking.
  4. Litigation expenses.
    1. If the court finds a proposed taking to be unlawful, or if the Agency abandons the condemnation proceeding other than under a settlement, the court shall dismiss the complaint and award the property owner his or her costs and reasonable litigation expenses, including reasonable attorney, appraisal, and engineering fees actually incurred because of the proceeding.
    2. If the court issues a judgment of condemnation that substantially reduces the scope of the Agency’s proposed taking, the court shall award the property owner a share of his or her costs and reasonable litigation expenses that is proportional to the reduction in the proposed taking.
  5. Appeal, stay.   A judgment of condemnation may be appealed or stayed as a final judgment for possession of real estate under the Vermont Rules of Civil Procedure and the Vermont Rules of Appellate Procedure. A judgment that the Agency cannot acquire the property by condemnation likewise may be appealed.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1999, No. 156 (Adj. Sess.), § 12, eff. May 29, 2000; 2011, No. 126 (Adj. Sess.), § 2.

History

Amendments

—2011 (Adj. Sess.). Section amended generally.

—1999 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a) and in subsec. (a) substituted “60 nor less than 40 days” for “sixty nor less than forty days” in the first sentence, and substituted “administrative” for “chief superior” in the last sentence; and added subsec. (b).

Prior law.

19 V.S.A. § 225 .

§ 506. Recording of judgment or notice of condemnation; payment; vesting of title.

    1. Within 15 business days of the issuance of a judgment of condemnation by the court or of the preparation of a notice of condemnation by the Agency in accordance with subdivision 503(e)(2) of this chapter, the Agency shall: (a) (1) Within 15 business days of the issuance of a judgment of condemnation by the court or of the preparation of a notice of condemnation by the Agency in accordance with subdivision 503(e)(2) of this chapter, the Agency shall:
      1. record the judgment or notice, including the description of the property taken, in the office of the clerk of the town where the land is situated; and
      2. tender to the property owner, or deposit with the court, the amount of the offer of just compensation prepared under subsection 503(b) of this chapter or any other amount agreed to by the owner.
    2. For the purposes of this chapter, if an interested person has not provided the Agency identification information necessary to process payment, or if an interested person refuses an offer of payment, payment shall be deemed to be tendered when the Agency makes payment into an escrow account that is accessible by the interested person upon his or her providing any necessary identification information.
  1. Title in the property shall vest in the State, and the Agency may proceed with the project, upon the later of:
    1. the Agency’s complying with the requirements of subsection (a) of this section; and
    2. the Agency’s mailing or delivering to the owner a notice of taking stating that it has complied with the requirements of subsection (a) of this section.
  2. Except in the case of agreed compensation, an owner’s acceptance and use of a payment under this section does not affect his or her right to contest or appeal damages under sections 511-513 of this chapter but shall bar the owner’s right to contest necessity and public purpose.
  3. Upon the Agency’s recording of the judgment or notice of condemnation, the clerk with responsibility over land records shall enter the name of each property owner named in the judgment or notice as a grantor in the general index of transactions affecting the title to real estate. The Agency shall comply with the provisions of 27 V.S.A. chapter 17 governing the composition and recording of project layout plats.
  4. [Repealed.]

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 150 (Adj. Sess.), § 8; 2007, No. 75 , § 26; 2011, No. 126 (Adj. Sess.), § 2.

History

Amendments

—2011 (Adj. Sess.). Section amended generally.

—2007. Subdiv. (a)(1): Added “or, with respect to interested parties with no known residence or place of business within the state, by certified mail, return receipt requested“ at the end of the first sentence.

—1997 (Adj. Sess.). Section amended generally.

Prior law.

19 V.S.A. § 226 .

Annotations From Former § 226

Particular cases.

The State was not required to give notice of condemnation proceedings instituted on April 11 to a party who, on April 25, took an option to purchase certain property under an agreement that, upon purchase, ingress, egress, and sewer and water casements would be given on the land to be condemned, because an interest, by way of the rights of ingress, egress, and easement, in the land to be condemned was not acquired until the option to purchase was exercised on December 23. LaGue v. State, 128 Vt. 212, 260 A.2d 387, 1969 Vt. LEXIS 228 (1969).

Right to notice

—Generally.

The phrases “owning or having an interest in land,” “owning or having an interest in lands to be taken or affected,” and “other property owners whose interest may be concerned or affected” found in the statutes relating to notice of the hearing on the petition referred to persons having a right to be heard at the necessity hearing. American Oil Co. v. State Highway Board, 122 Vt. 496, 177 A.2d 358, 1962 Vt. LEXIS 127 (1962).

Sufficiency of notice.

A property owner who received notice of a hearing was not prejudiced because the notice referred in general terms to the proposed highway improvement but did not refer specifically to a phase of the project that would directly affect such property owner. State Highway Board v. Hazen, 126 Vt. 46, 221 A.2d 579, 1966 Vt. LEXIS 160 (1966).

§ 507. Cattle passes.

In its order of condemnation, the court may direct the Agency to install passes under the highway for the benefit of large modern farm properties, the fee title of which is owned by any party to the proceedings, where a reasonable need is shown by the owner. The court may consider evidence relative to present and anticipated future highway traffic volume, future land development in the area, and the amount and type of acreage separated by the highway in determining the need for an underpass of larger dimensions than a standard cattle pass of reinforced concrete, metal, or other suitable material that provides usable dimensions five feet wide by six feet three inches high. Where a herd of greater than 50 milking cows is consistently maintained on the property, the court may direct that the dimensions of the larger underpass shall be eight feet in width and six feet three inches in height to be constructed of reinforced concrete, and the owner of the farm property shall pay one-fourth of the difference in overall cost between the standard cattle pass and the larger underpass. Where the owner of the farm property desires an underpass of dimensions greater than eight feet in width and six feet three inches in height, the underpass may be constructed if feasible and in accordance with acceptable design standards, and the total additional costs over the dimensions specified shall be paid by the owner. The provisions of this section shall not be interpreted to prohibit the Agency and the property owner from determining the specifications of a cattle pass or underpass by mutual agreement at any time, either prior or subsequent to the date of the court’s order. The owner of a fee title shall be interpreted to include lessees of so-called lease land.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 22; 1995, No. 183 (Adj. Sess.), § 18d, eff. May 22, 1996; 2009, No. 3 (Sp. Sess.), § 1; 2011, No. 126 (Adj. Sess.), § 2.

History

Amendments

—2011 (Adj. Sess.). Section amended generally.

—2009 (Sp. Sess.). Subsec. (a): Amended generally.

Subsec. (b): Added.

—1995 (Adj. Sess.) Subsec. (a): Substituted “if available within the meaning of 4 V.S.A. § 112 ” for “at least one of” following “assigned and” and deleted “two” preceding “assistant” in the first sentence.

—1993 (Adj. Sess.). Subsec. (a): Substituted “adopted” for “promulgated” following “procedure” in the fifth sentence and “agency” for “board” preceding “shall proceed” in the sixth sentence.

Prior law.

19 V.S.A. § 227 .

Burden of proof.

In a condemnation trial, the court did not improperly shift the burden of proof on the issue of alternative sites. The condemnor (a transportation authority) had the burden of proof under subsec. (a), and it discharged it by testimony that there were no acceptable alternative sites. Rossetti v. Chittenden County Transportation Authority, 165 Vt. 61, 674 A.2d 1284, 1996 Vt. LEXIS 6 (1996).

Cattle pass.

Provision of subsec. (b) of this section authorizing Superior Court to require installation of a cattle underpass is intended to benefit owners of farms by fully subsidizing the cost of standard underpasses and partially subsidizing the cost of larger ones. In re Agency of Transportation, 157 Vt. 203, 596 A.2d 358, 1991 Vt. LEXIS 151 (1991).

Provision of this section authorizing Superior Court to require installation of a cattle underpass does not conflict with provisions of Act 250 authorizing imposition of land use permit conditions to remedy unsafe traffic conditions. In re Agency of Transportation, 157 Vt. 203, 596 A.2d 358, 1991 Vt. LEXIS 151 (1991).

Although Superior Court had granted condemnation petition that included a proposal to install a standard cattle pass under a highway, Environmental Board was not precluded from determining the need for, and size of, the underpass. In re Agency of Transportation, 157 Vt. 203, 596 A.2d 358, 1991 Vt. LEXIS 151 (1991).

Annotations From Former § 227

Generally.

The questions of necessity for the taking of land by the State Highway Board and damages to the landowner were separate and distinct. State Highway Board v. Shepard, 127 Vt. 525, 253 A.2d 155, 1969 Vt. LEXIS 269 (1969).

Authorized dispositions of petitions.

A court could (1) deny the petition if necessity was not found, (2) grant the petition if necessity was found, (3) modify or alter the taking, if necessity was found but some unjustified taking was included, or (4) direct the State to hold hearings on highway location and the taking of land if, from the evidence, the court determined an alternate route was preferable. State Transportation Board v. May, 137 Vt. 320, 403 A.2d 267, 1979 Vt. LEXIS 966 (1979).

Burden of proof.

The party objecting to construction of interchange for limited-access four-lane highway had the burden of establishing prejudice as a result of the taking at the necessity hearing. State Highway Board v. Pratt, 127 Vt. 385, 250 A.2d 726, 1969 Vt. LEXIS 241 (1969).

Demonstration of necessity for taking

—Generally.

To justify a taking for highway purposes, the interests of the State must have required it, and it must have been so shown, but only to the extent that it was reasonably necessary to accomplish the end in view after weighing all the circumstances which bore on any given situation. Latchis v. State Highway Board, 120 Vt. 120, 134 A.2d 191, 1957 Vt. LEXIS 74 (1957).

Factors considered.

In determining whether a reasonable necessity existed for the State to take land and rights of others for highway construction, public safety was the critical element. Agency of Transportation v. Wall Management, 144 Vt. 640, 481 A.2d 1270, 1984 Vt. LEXIS 529 (1984).

In determining whether the necessity of the State required the taking of land and rights of others for highway construction, the court was not required to look into the cost of utility relocation, since such costs did not directly accrue from the taking of the property. Agency of Transportation v. Wall Management, 144 Vt. 640, 481 A.2d 1270, 1984 Vt. LEXIS 529 (1984).

Public safety was the critical element in a determination of reasonable necessity for the taking of land for highway purposes. State Transportation Board v. AIG Realty, Inc., 138 Vt. 231, 413 A.2d 810, 1980 Vt. LEXIS 1123 (1980).

In determining whether a reasonable necessity existed for the State to take land for highway purposes, public safety was the critical element, and where the volume and nature of traffic was such that public safety required that the road be built or reconstructed at a given location, a reasonable necessity existed and the taking was justified, if reasonable in light of all the concurring circumstances. State Transportation Board v. May, 137 Vt. 320, 403 A.2d 267, 1979 Vt. LEXIS 966 (1979).

Public safety was the critical element in determining whether reasonable necessity existed with respect to a proposed highway. State Highway Board v. Coburn, 125 Vt. 513, 219 A.2d 582, 1966 Vt. LEXIS 221 (1966).

Protection to existing businesses, convenience, and safety were factors to be considered in establishment of a limited-access highway. State Highway Board v. Coburn, 125 Vt. 513, 219 A.2d 582, 1966 Vt. LEXIS 221 (1966).

In determining whether a reasonable necessity existed with respect to highways, public safety was the critical element, and where the volume and nature of traffic was such that public safety required, under the circumstances, that the road be constructed, or reconstructed, at a given location, a reasonable necessity existed, and a taking of land was justified, if reasonable in the light of all the concurring circumstances. Latchis v. State Highway Board, 120 Vt. 120, 134 A.2d 191, 1957 Vt. LEXIS 74 (1957).

Hearing procedure generally.

A proceeding to determine the necessity of taking land by the Highway Board was not subject to the procedural devices permitted in a civil action in county court. State Highway Board v. Shepard, 127 Vt. 525, 253 A.2d 155, 1969 Vt. LEXIS 269 (1969).

Introduction of evidence.

At a hearing on the necessity for taking of land for construction of an interchange for a limited-access four-lane highway, the court was at liberty to accept testimony on the issue of public safety. State Highway Board v. Pratt, 127 Vt. 385, 250 A.2d 726, 1969 Vt. LEXIS 241 (1969).

At a hearing on the necessity for the taking of land by the State Highway Board, since the court was without authority to consider a route proposed by the appellants as a feasible alternate to the route proposed by the State Highway Board, the evidence relating thereto was properly excluded. State Highway Board v. Shepard, 127 Vt. 525, 253 A.2d 155, 1969 Vt. LEXIS 269 (1969).

Modification of taking.

Under the provision that the court was to determine whether necessity of the State required the taking of certain land and rights for highway purposes as set out in the State’s petition and could find that another route was preferable and could modify the proposed taking, the power to modify referred to the extent of land taking required under the petition; the power was granted so that if the taking was valid and necessary but included some unjustified taking the court was not required to accept the petition in its exact form. State Transportation Board v. May, 137 Vt. 320, 403 A.2d 267, 1979 Vt. LEXIS 966 (1979).

Powers and duties of courts generally.

The duty of a court hearing a petition was limited to a determination of whether or not the test of necessity was met on the line and for the taking proposed by the Highway Board, with the power to modify or alter having reference to the extent of land taking required under the petition. State Highway Board v. Loomis, 122 Vt. 125, 165 A.2d 572, 1960 Vt. LEXIS 116 (1960).

Standard for review of Agency decision.

The definition of necessity required for the State to take land and rights of others for highway construction gave the State Highway Board broad discretion in determining what land it deemed necessary for the particular location and route to be followed, and a court would not interfere with that determination as long as it was made in good faith and was not capricious. Agency of Transportation v. Wall Management, 144 Vt. 640, 481 A.2d 1270, 1984 Vt. LEXIS 529 (1984).

A broad discretion had been vested in the State Transportation Board in determining what land was necessary for the location and route to be followed, and its determination would not be interfered with by the courts if made in good faith and not capricious or wantonly injurious. State Transportation Board v. May, 137 Vt. 320, 403 A.2d 267, 1979 Vt. LEXIS 966 (1979). See also Latchis v. State Highway Board, 120 Vt. 120, 134 A.2d 191, 1957 Vt. LEXIS 74 (1957); State Highway Board v. Coburn, 125 Vt. 513, 219 A.2d 582, 1966 Vt. LEXIS 221 (1966).

Taking of interrogatories.

The court conducting a hearing on the necessity for the taking of owners’ land by the Highway Board did not err in denying a request by parties to propound interrogatories to the Highway Board. State Highway Board v. Shepard, 127 Vt. 525, 253 A.2d 155, 1969 Vt. LEXIS 269 (1969).

—Generally.

To justify a taking for highway purposes, the interests of the State must have required it, and it must have been so shown, but only to the extent that it was reasonably necessary to accomplish the end in view after weighing all the circumstances which bore on any given situation. Latchis v. State Highway Board, 120 Vt. 120, 134 A.2d 191, 1957 Vt. LEXIS 74 (1957).

§§ 508-510. Repealed. 2011, No. 126 (Adj. Sess.), § 2.

History

Former §§ 508-510. Former § 508, relating to stipulation of necessity, was derived from 1985, No. 269 (Adj. Sess.), § 1 and amended by 2009, No. 3 (Sp. Sess.), § 2.

Former § 509, relating to procedure, was derived from 1985, No. 269 (Adj. Sess.), § 1 and amended by 2009, No. 3 (Sp. Sess.), § 3.

Former § 510, relating to appeal from order of necessity, was derived from 1985, No. 269 (Adj. Sess.), § 1 and amended by 1993, No. 172 (Adj. Sess.), § 23; 1997, No. 150 (Adj. Sess.), § 9; and 2009, No. 3 (Sp. Sess.), § 4.

§ 511. Determination of damages.

  1. Disputes between a property owner and the Agency on the amount of compensation to be paid as a result of a taking shall be resolved as follows:
    1. If the owner’s demand exceeds the Agency’s offer of just compensation by $25,000.00 or less, the owner may obtain a determination of damages by either:
      1. petitioning the Transportation Board; or
      2. filing a complaint or, if applicable, a motion to reopen a judgment of condemnation, in Superior Court.
    2. If the owner’s demand exceeds the Agency’s offer of just compensation by more than $25,000.00, the owner may obtain a determination of damages by filing a complaint or, if applicable, a motion to reopen a judgment of condemnation, in Superior Court.
    3. A property owner may file a petition, complaint, or motion under subdivision (1) or (2) of this subsection not later than 90 days after the date of the notice of taking required under subsection 506(b) of this chapter.
    4. A petition improperly filed with the Board shall be transferred to the Superior Court and, upon such transfer, the owner shall be responsible for applicable court filing fees.
  2. The Board or the court shall appoint a time and place in a county where the land is situated for a hearing, giving the parties at least 10 days’ written notice of the hearing. If the property taken extends into two or more counties, the Board or court may hold a single hearing in one of the counties to determine damages. In fixing the place for the hearing, the Board or court shall consider the needs of the parties.
  3. Unless the parties otherwise agree or unless the Board or the court determines that it is in the public interest to proceed on the question of damages, any proceedings to determine damages shall be stayed pending the final disposition of any appeal of the questions of necessity or public purpose.
  4. Upon demand, a party is entitled to a jury trial in Superior Court on the issue of damages.
  5. The Board or the court shall first determine the total damages as between the Agency and all interested persons claiming an interest in a subject property, and the Agency may thereafter withdraw from further proceedings with respect to that property. The Board or the court shall then determine any further questions in the matter, including the apportionment of damages among interested persons. Any Board decision on damages shall include findings of fact, and shall be served on the parties immediately after its issuance.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 24; 2007, No. 75 , § 27; 2011, No. 126 (Adj. Sess.), § 2; 2021, No. 20 , § 93.

History

Amendments

—2021. Subdiv. (a)(3): Substituted “not later than 90 days” for “no later than 90 days.”

—2011 (Adj. Sess.). Section amended generally.

—2007. Designated the existing provisions of the section as subsec. (a) and added subsec. (b).

—1993 (Adj. Sess.). Substituted “agency of transportation” for “transportation board” following “rights and the” and preceding “desires” and substituted “the transportation board” for “it” preceding “shall appoint” and “10” for “ten” preceding “days’ notice” in the first sentence.

Prior law.

19 V.S.A. § 229 .

Annotations From Former § 229

Admissibility and sufficiency of evidence.

A general estimate of damage given by a competent witness for the State Transportation Board was sufficient to support a finding of damages for land taken to build a highway safety arrester bed for runaway trucks. State Transportation Board v. AIG Realty, Inc., 138 Vt. 231, 413 A.2d 810, 1980 Vt. LEXIS 1123 (1980).

An owner of land condemned for highway purposes was competent to testify to its value. Crawford v. State Highway Board, 130 Vt. 18, 285 A.2d 760, 1971 Vt. LEXIS 216 (1971).

A condemnee of land taken for a highway could properly introduce photographs showing the level of the road in relation to his residence. Crawford v. State Highway Board, 130 Vt. 18, 285 A.2d 760, 1971 Vt. LEXIS 216 (1971).

The admission of a photograph showing the building condemned, with its windows boarded, and also showing a building next to the condemned building, offered by the condemnor to show the surrounding neighborhood, did not prejudice the condemnee. Allen v. Burlington Housing Authority, 129 Vt. 8, 270 A.2d 588, 1970 Vt. LEXIS 195 (1970).

A proprietor who was conversant with his business and its management was competent to testify to the value of the property and the business which was operated there. Fiske v. State Highway Board, 124 Vt. 87, 197 A.2d 790, 1964 Vt. LEXIS 64 (1964).

The owner of business who was thoroughly conversant with the business and its management in all its details was competent to place a value on it. O'Brien v. State Highway Board, 123 Vt. 414, 190 A.2d 699, 1963 Vt. LEXIS 130 (1963).

The grand list of a town was a public document and was pertinent to the issue of the value of a property. Colson v. State Highway Board, 122 Vt. 392, 173 A.2d 849, 1961 Vt. LEXIS 89 (1961).

Evidence of profit was admissible to help determine the amount of loss which the owner of a business might have sustained. Penna v. State Highway Board, 122 Vt. 290, 170 A.2d 630, 1961 Vt. LEXIS 72 (1961).

In determining the value of property, evidence of the asking price of neighboring property was not admissible. Penna v. State Highway Board, 122 Vt. 290, 170 A.2d 630, 1961 Vt. LEXIS 72 (1961).

Admission of evidence of reconstruction costs of a building as evidence of fair market value must have been predicated on the fact that the building on which evidence of reconstruction costs was offered had been injured or destroyed by the taking of the land upon which it was located. Rome v. State Highway Board, 121 Vt. 253, 154 A.2d 604, 1959 Vt. LEXIS 115 (1959).

Consideration of benefits arising from condemnation.

Value enhanced for commercial purposes by increased traffic, and a rise in market value due to easy accessibility, were substantially the same in cause and effect. Smith v. State Highway Board, 128 Vt. 336, 262 A.2d 486, 1970 Vt. LEXIS 229 (1970).

In fixing compensation for condemned land, special benefits were to be differentiated by their nature or kind rather than by their degree or amount. Farrell v. State Highway Board, 123 Vt. 453, 194 A.2d 410, 1963 Vt. LEXIS 110 (1963).

Whether a given benefit conferred by the public improvement of condemned land was general or special was to be determined largely by the circumstances of the particular case and special benefits were to be differentiated from general benefits by their nature or kind rather than by their degree or amount, and benefits did not cease to be general merely because benefits to the property in question were greater in degree than to property of some of other owners. Howe v. State Highway Board, 123 Vt. 278, 187 A.2d 342, 1963 Vt. LEXIS 138 (1963).

It was only when landowner had directly received special benefit to his remaining land, as distinguished from general public benefit, that damage going to him was reduced. Howe v. State Highway Board, 123 Vt. 278, 187 A.2d 342, 1963 Vt. LEXIS 138 (1963).

Potentially increased flow of traffic by reason of highway relocation was not to be regarded as a special benefit. Howe v. State Highway Board, 123 Vt. 278, 187 A.2d 342, 1963 Vt. LEXIS 138 (1963).

Consideration of business losses.

Property owners were entitled to compensation for damages, which could include business losses, resulting from the taking or use of their property for highway purposes. Sand Bar Corp. v. State Transportation Board, 145 Vt. 362, 488 A.2d 442, 1985 Vt. LEXIS 300 (1985).

The right of property owners to compensation for business losses resulting from the taking of their property for highway purposes, related business loss to property taken, not to highway relocation. Sand Bar Corp. v. State Transportation Board, 145 Vt. 362, 488 A.2d 442, 1985 Vt. LEXIS 300 (1985).

Business loss suffered as a result of highway relocation was not compensable. Sand Bar Corp. v. State Transportation Board, 145 Vt. 362, 488 A.2d 442, 1985 Vt. LEXIS 300 (1985).

Where the evidence relating to the reduction in value of the property remaining embraced all of the losses to the business claimed, there was no proper place for separate business loss damages. Young v. State Highway Board, 130 Vt. 222, 290 A.2d 29, 1972 Vt. LEXIS 259 (1972).

Total destruction of the business was not a prerequisite to an award for business loss. Gibson Estate v. State Highway Board, 128 Vt. 47, 258 A.2d 810, 1969 Vt. LEXIS 201 (1969).

The problem in each case of assessing business loss was essentially factual. Fiske v. State Highway Board, 124 Vt. 87, 197 A.2d 790, 1964 Vt. LEXIS 64 (1964).

It was the intention to compensate for loss of fixed and established business was so inextricably related and connected with the land where it was located that an appropriation of the land meant an appropriation of the business. O'Brien v. State Highway Board, 123 Vt. 414, 190 A.2d 699, 1963 Vt. LEXIS 130 (1963).

Business loss could be considered on the issue of damages where a business was inextricably related to property on which it was carried on so that taking resulted in subjecting the business to a loss that would not be compensated for by paying for the value of land alone. Colson v. State Highway Board, 122 Vt. 392, 173 A.2d 849, 1961 Vt. LEXIS 89 (1961).

The market value rule was modified by recognizing that in some instances a business enterprise might be invaded and yield of business lessened or destroyed as a result of the taking of land upon which a business was situated. Record v. State Highway Board, 121 Vt. 230, 154 A.2d 475, 1959 Vt. LEXIS 112 (1959).

Loss of particular rights or benefits.

The State was not liable to compensate for inchoate rights of access over property which it had condemned before the easements could be established. LaGue v. State, 128 Vt. 212, 260 A.2d 387, 1969 Vt. LEXIS 228 (1969).

The loss of surface water, which had flowed into a municipal water shed from lands owned by others and taken for highway purposes, was not a compensable loss in condemnation proceeding. City of Winooski v. State Highway Board, 124 Vt. 496, 207 A.2d 255, 1965 Vt. LEXIS 279 (1965).

The loss of an access road constructed by a municipality on lands taken was not compensable where the road was a public road constructed by the municipality in its governmental capacity as distinguished from its proprietary function. City of Winooski v. State Highway Board, 124 Vt. 496, 207 A.2d 255, 1965 Vt. LEXIS 279 (1965).

Standards and methods for determination of compensation

—Generally.

In highway condemnation cases the landowner was entitled to compensation that measured the difference between the fair market value of the entire tract before the taking and the fair market value of the residue after the appropriation. Dunn v. State Highway Board, 135 Vt. 26, 370 A.2d 626, 1977 Vt. LEXIS 545 (1977).

In placing a value upon property taken by eminent domain and property injured by the taking, the use to which the property was actually put was to be considered as one of its reasonable uses, and such use could qualify as the most reasonable use if it gave the property a higher value than any other use. Batchelder v. State Highway Board, 130 Vt. 263, 291 A.2d 257, 1972 Vt. LEXIS 266 (1972).

Just compensation for property taken was construed as reimbursement of the fair market value of the property, plus damage suffered by the remainder. Crawford v. State Highway Board, 130 Vt. 18, 285 A.2d 760, 1971 Vt. LEXIS 216 (1971).

Where the property taken was at a valuable business site, its suitability for business use, as evidenced by testimony relating to the business success generated by its location, was properly introduced as a factor in determining its fair market value. Crawford v. State Highway Board, 130 Vt. 18, 285 A.2d 760, 1971 Vt. LEXIS 216 (1971).

Overall, the general verdict in a condemnation proceeding was to reflect the market value rule that the landowner was entitled to the most reasonable use value of the parcel taken, together with the difference in the value of the land remaining, taking value immediately before and immediately after the taking. Thorburn v. State Highway Board, 130 Vt. 11, 285 A.2d 755, 1972 Vt. LEXIS 329 (1972).

There was no hard and fast rule applicable to every case as to what elements properly entered into consideration in determining the market value of condemned property. Allen v. Burlington Housing Authority, 129 Vt. 8, 270 A.2d 588, 1970 Vt. LEXIS 195 (1970).

In a condemnation proceeding the landowner was entitled to the value of the parcel appropriated, together with the difference in the fair market value of the remaining property immediately before and after the taking. Children's Home, Inc. v. State Highway Board, 125 Vt. 93, 211 A.2d 257, 1965 Vt. LEXIS 204 (1965).

Structural improvements on the land might contribute to the total value of property taken or might add little or nothing to value; depending upon whether such improvements were adapted to the use from which the land taken derived its principal worth. Smith v. State Highway Board, 125 Vt. 54, 209 A.2d 495, 1965 Vt. LEXIS 197 (1965).

In condemnation proceedings, the existence of known mineral deposits could be of value and a proper factor to be considered in arriving at the true market worth of the parent property before and after condemnation. Farr v. State Highway Board, 123 Vt. 334, 189 A.2d 542, 1963 Vt. LEXIS 141 (1963).

Where land was condemned that was a part of separate parcels of real estate constituting one enterprise, the mutually dependent elements thereof were in the eye of the law a single parcel and were to be so treated in assessing damages. Spear v. State Highway Board, 122 Vt. 406, 175 A.2d 511, 1961 Vt. LEXIS 91 (1961).

There was no exact formula that was available for the taking of property by eminent domain; in its broadest terms, the law measured damages by the market value rule, and awarded the landowner the difference between the fair market value of entire tract before taking and its fair market value immediately after taking. Rome v. State Highway Board, 121 Vt. 253, 154 A.2d 604, 1959 Vt. LEXIS 115 (1959).

Care was to be exercised in applying market value rules in ascertaining damages for the taking of land for highway purposes because there were many injuries resulting from the opening of streets and roads for which landowners could not receive compensation, so that allowance for such injuries in determining the market value of land remaining after part of a parcel had been taken for a road would not be correct in law. Nelson v. State Highway Board, 110 Vt. 44, 1 A.2d 689, 1938 Vt. LEXIS 117 (1938).

Notes to Opinions

Annotations From Former § 229.

Loss of particular rights or benefits.

The State had no legal obligation to compensate a spring owner for elimination of a spring situated within the limits of an existing highway right-of-way when elimination of the spring was made necessary by a proposed improvement of the road. 1960-62 Vt. Op. Att'y Gen. 55.

§ 512. Payment following decision on damages; credit of State pledged.

  1. Within 30 days of a final decision on damages and the exhaustion or expiration of all appeal rights, the Agency shall pay or tender the owner the amount, if any, by which the award to the person exceeds the amount previously paid or tendered by the Agency.
  2. , (c)[Repealed.]

    (d) The credit of the State of Vermont is pledged to the payment of all amounts awarded or allowed under the provisions of the chapter, and these amounts shall be lawful obligations of the State of Vermont.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 25; 2009, No. 123 (Adj. Sess.), § 50; 2011, No. 126 (Adj. Sess.), § 2.

History

Editor’s note

—2011 (Adj. Sess.). 2011, No. 153 (Adj. Sess.), § 50(c) provided that § 27 of that act would “take effect on July 2, 2012, if H.523 (introduced on January 11, 2012) as passed by the house and senate [did] not become law on or before July 1, 2012. If H.523 [became] law on or before July 1, 2012, Sec. 27 [would] not take effect.” Since 2011, No. 126 (Adj. Sess.) (H.523) became law, the amendment to this section by 2011, No. 153 (Adj. Sess.), § 27 did not become law.

Amendments

—2011 (Adj. Sess.). Rewrote section heading.

Subsec. (a): Deleted the former first sentence; substituted “a final decision on damages and the exhaustion or expiration of all appeal rights” for “the board’s order” following “30 days of”; deleted “file and record the order in the office of the clerk of the town where the land is situated, deliver to each person a copy of that portion of the order directly affecting the person, and” preceding “pay”; inserted “the owner” following “tender” and “amount, if any, by which the” following “the”; substituted “the” for “each” preceding “person”; substituted “exceeds the amount previously paid or tendered by the agency” for “entitled” following “person”; and deleted the former third and fourth sentences.

Subsecs. (b) and (c): Repealed.

—2009 (Adj. Sess.) Added “, inverse condemnation; relocation assistance” in the section heading and rewrote subsec. (a).

—1993 (Adj. Sess.). Subsec. (a): Inserted “the agency of transportation” preceding “shall file” in the first sentence.

Prior law.

19 V.S.A. § 230 .

Annotations From Former § 230

Itemization of award.

There was no mandate that the Highway Board indicate the elements of items comprising its overall award and there was no responsibility upon the Board in this respect; in essence its award was a total, lump-sum settlement figure, and was unlike a judicial award where the trier of fact was required to find separately the value of each of the elements of damage involved in the case. Fiske v. State Highway Board, 125 Vt. 17, 209 A.2d 482, 1965 Vt. LEXIS 191 (1965).

Notes to Opinions

Annotations From Former § 230.

Apportionment of award.

The general rule was that apportionment among several owners of a condemnation award was not the concern of the condemnor. 1960-62 Vt. Op. Att'y Gen. 49.

The State Highway Board was not required to apportion a condemnation award among several owners, but was to make a single award, payable jointly to all persons having an interest in each piece of land taken. 1960-62 Vt. Op. Att'y Gen. 49.

Construction generally.

The phrase “each person” did not necessarily mean a person in the singular sense, but had reference to all “owners” of each separate property involved in a given condemnation proceeding, that is, each collective person owning a particular parcel of land. 1960-62 Vt. Op. Att'y Gen. 49.

Form of payment.

The State check was to be made payable to all parties and persons entitled to compensation in accordance with the award and decision of the Board. 1938-40 Vt. Op. Att'y Gen. 237.

Resolution of adverse claims.

The State Highway Board had no judicial power in a condemnation proceeding to make a binding determination between adverse claimants to a title or an interest. 1960-62 Vt. Op. Att'y Gen. 49.

§ 513. Appeal of damages decision; jury trial.

  1. A party dissatisfied with a decision of the Transportation Board as to the amount or apportionment of damages awarded may appeal to a Superior Court where the land is situated within 30 days after the date of the decision, and any number of persons aggrieved may join in the appeal.
  2. A party appealing the award of the Board is entitled to a jury trial in the Superior Court upon demand.
  3. A party aggrieved by a Superior Court decision on damages under this section or section 511 of this chapter may appeal to the Supreme Court in accordance with the Vermont Rules of Appellate Procedure.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 26; 2011, No. 126 (Adj. Sess.), § 2.

History

Amendments

—2011 (Adj. Sess.). Section amended generally.

—1993 (Adj. Sess.). Subsec. (b): Substituted “agency of transportation” for “transportation board itself” preceding “shall be entitled”.

Prior law.

19 V.S.A. § 231 .

Cited.

Cited in Raymond v. Chittenden County Circumferential Highway, 158 Vt. 100, 604 A.2d 1281, 1992 Vt. LEXIS 14 (1992).

Annotations From Former § 231

Issue raised on appeal.

The only issue in an appeal of a condemnation award was the amount of damages due a landowner for the taking of his property. Jenson v. State, 136 Vt. 200, 388 A.2d 421, 1978 Vt. LEXIS 760 (1978).

Notes to Opinions

Annotations From Former § 231.

Right to appeal.

Nothing required that a check in payment of an award had to be refused before taking an appeal. 1958-60 Vt. Op. Att'y Gen. 107.

§ 514. Award of costs in damages action; litigation expenses in inverse condemnation action.

  1. If a damages award by a court is more than the Agency’s offer of just compensation or offer of judgment, whichever is greater, the court shall award the property owner his or her reasonable costs. If the damages award is less than or equal to the greater of the Agency’s offer of just compensation or offer of judgment, the court shall award the Agency its reasonable costs.
  2. If a court renders judgment in favor of a property owner in an inverse condemnation action or if the Agency effects a settlement of an inverse condemnation action, the court shall award the owner his or her reasonable costs and other litigation expenses, including reasonable attorney’s, appraisal, and engineering fees actually incurred because of the proceeding.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 27; 2011, No. 126 (Adj. Sess.), § 2.

History

Amendments

—2011 (Adj. Sess.). Subsec. (a): Designated the existing provisions as subsec. (a) and rewrote the subsec.

Subsec. (b): Added.

—1993 (Adj. Sess.). Substituted “agency of transportation” for “transportation board” following “against the” in the first sentence.

Prior law.

19 V.S.A. § 233 .

Annotations From Former § 233

Generally.

A condemnee was not entitled to have costs allowed in his favor where the verdict, plus the interest thereon, was not greater than the award granted in the condemnation proceeding appealed from. Allen v. Burlington Housing Authority, 129 Vt. 8, 270 A.2d 588, 1970 Vt. LEXIS 195 (1970).

§ 515. Repealed. 1999, No. 156 (Adj. Sess.), § 21(1), eff. May 29, 2000.

History

Former § 515. Former § 515, relating to the completion of a certificate, was derived from 1985, No. 269 (Adj. Sess.), § 1, and amended by 1993, No. 172 (Adj. Sess.), § 28.

§ 515a. Repealed. 2011, No. 126 (Adj. Sess.), § 2.

History

Former § 515a. Former § 515a, relating to evidence of highway completion, was derived from 1999, No. 156 (Adj. Sess.), § 24. The substance of § 515a was added as the second sentence of subdiv. 1(12) of this title by 2011, No. 126 (Adj. Sess.), § 2.

§ 516. Relocation.

A municipal corporation affected by a relocation under this chapter may appear and be heard at any proceedings in connection with the relocation. If, after the hearing, the court determines that the relocation of a highway is necessary for the convenience of individuals or of the State, the court shall, by its order, determine under what conditions the Agency of Transportation shall relinquish control to the town of that portion of the State highway system affected by the relocation. When the Agency has complied with the conditions, it shall certify and record this information in the clerk’s office of the town in which the highway lies and thereafter the maintenance and control of the portions of the highway relinquished shall be vested in the town where located.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 29; 2021, No. 20 , § 94.

History

Amendments

—2021. Substituted “under this chapter” for “as above provided” in the first sentence; inserted commas preceding and following “by its order” in the second sentence; and substituted “Agency” for “agency of transportation” in the third sentence.

—1993 (Adj. Sess.). Inserted “agency of” preceding “transportation” and deleted “board” thereafter in the second and third sentences.

Prior law.

19 V.S.A. § 235 .

Notes to Opinions

Annotations From Former § 235.

Applicability.

The section related only to a relinquishment authorized by the court in connection with the so-called necessity proceedings and did not have any general application as to the authority of the State to relinquish a section of State highway to a town. 1966-68 Vt. Op. Att'y Gen. 83.

§ 517. Repealed. 2011, No. 126 (Adj. Sess.), § 2.

History

Former § 517. Former § 517, relating to vesting of title, was derived from 1985, No. 269 (Adj. Sess.), § 1 and amended by 1991, No. 214 (Adj. Sess.), § 1.

§ 518. Minor alterations to existing facilities.

  1. As used in this section, the term “minor alterations to existing facilities” means any of the following activities involving existing facilities, provided the activity does not require a permit under 10 V.S.A. chapter 151 (Act 250):
    1. Activities that qualify as “categorical exclusions” under 23 C.F.R. § 771.117 and the National Environmental Policy Act of 1969, as amended, 42 U.S.C. §§ 4321-4347.
    2. Activities involving emergency repairs to or emergency replacement of an existing bridge, culvert, highway, or State-owned railroad, even if the need for repairs or replacement does not arise from damage caused by a natural disaster or catastrophic failure from an external cause. Any temporary rights under this subdivision shall be limited to 10 years from the date of taking.
  2. In cases involving minor alterations to existing facilities, the Agency, following the procedures of section 923 of this title, may exercise the powers of a selectboard. However, if an interested person has not provided the Agency with identification information necessary to process payment, or if an owner refuses an offer of payment, payment shall be deemed to be tendered when the Agency makes payment into an escrow account that is accessible by the owner upon his or her providing any necessary identification information. Further, if an appeal is taken under subdivision 923(5) of this title, the person taking the appeal shall follow the procedure specified in section 513 of this title.

HISTORY: Added 1997, No. 150 (Adj. Sess.), § 10; amended 2005, No. 80 , § 49; 2013, No. 12 , § 18; 2015, No. 158 (Adj. Sess.), § 25.

History

Amendments

—2015 (Adj. Sess.). Subsec. (a): Substituted “As used in” for “For purposes of”.

Subsec. (b): Added the second sentence and substituted “Further, if” for “if” preceding “an appeal” in the last sentence.

—2013. Subsec. (a): Added “any of the following activities involving existing facilities, provided the activity does not require a permit under 10 V.S.A. chapter 151 (Act 250)” at the end.

Subdiv. (a)(1): Deleted “and do not require a permit under 10 V.S.A. chapter 151 (Act 250)” from the end.

Subdiv. (a)(2): Substituted “culvert, highway, or state-owned railroad, even if” for “or culvert even though” and deleted “; provided, however, that the activities do not require a permit under 10 V.S.A. chapter 151 (Act 250)” from the end of the first sentence.

—2005. Subsec. (a): Amended generally.

§ 519. Condominiums; common areas and facilities.

  1. As used in this section, “apartment owner,” “association of owners,” “common areas and facilities,” and “declaration” have the same meanings as in the Condominium Ownership Act, 27 V.S.A. § 1302 .
  2. Notwithstanding any other provision of law, whenever the Agency proposes under this chapter to acquire any common areas and facilities of a condominium, the association of owners shall constitute the interested person or persons interested in lands in lieu of the individual apartment owners for purposes of the necessity hearing, the compensation hearing, and any appeals from the necessity hearing or compensation hearing.
  3. The Agency shall serve one copy of the complaint and summons upon the association of owners through one of its officers or agents, instead of upon the individual apartment owners.
  4. The Agency shall make the compensation check payable to the association of owners, which shall then make proportional payments to the apartment owners as their interests appear in the declaration.

HISTORY: Added 1997, No. 150 (Adj. Sess.), § 11; amended 2011, No. 126 (Adj. Sess.), § 2; 2021, No. 20 , § 95.

History

Amendments

—2021. Subsecs. (a) and (b): Amended generally.

—2011 (Adj. Sess.). Subsec. (a): Inserted a comma following “common areas and facilities”.

Subsec. (b): Inserted “this” preceding “chapter” and deleted “5 of this title” following “chapter”.

Subsec. (c): Substituted “complaint and summons” for “necessity petition” preceding “upon”.

§ 520. Repealed. 2009, No. 3 (Sp. Sess.), § 5, eff. June 1, 2009.

History

Former § 520. Former § 520, relating to municipalities; use of chapter 5 procedures, was derived from 2009, No. 54 , § 75.

Chapter 7. Laying Out, Discontinuing, and Reclassifying Highways

CROSS REFERENCES

Town highways, see chapter 3 of this title.

Measurement and inspection of town highways, see § 305 of this title.

Repairs, maintenance, and improvements, see chapter 9 of this title.

Bicycle routes and sidewalks, see chapter 23 of this title.

Scenic roads, see chapter 25 of this title.

ANNOTATIONS

Construction with other law.

City proceeded properly under 19 V.S.A. ch. 7 in acquiring land for highway and then using portion of that land to develop bicycle path. Munson v. City of South Burlington, 162 Vt. 506, 648 A.2d 867, 1994 Vt. LEXIS 86 (1994).

It is entirely consistent to construe 19 V.S.A. § 2307(b) to require that municipalities follow 19 V.S.A. ch. 5, which governs condemnation, when taking private lands solely for bicycle routes, but to allow them to proceed under 19 V.S.A. ch. 7, which governs laying out, discontinuing, and reclassifying highways, when dominant purpose is laying out of highway, even if bicycle route is part of overall project. Munson v. City of South Burlington, 162 Vt. 506, 648 A.2d 867, 1994 Vt. LEXIS 86 (1994).

Subchapter 1. General Provisions

§ 701. Definitions.

As used in this chapter:

  1. “Acceptance” means receipt of the right-of-way needed for a new highway, in some cases this may include a completed roadway.
  2. “Altered” means a major physical change in the highway such as a change in width from a single lane to two lanes.
  3. “Classification” means the categorization of all town highways pursuant to section 302 of this title.
  4. “Discontinued” means a previously designated town highway which through the process of discontinuance all public rights are reconveyed to the adjoining landowners.
  5. “Dedication” means the process of selecting a right-of-way or an alignment for a highway.
  6. “Interested person” or “person interested in lands” means a person who has a legal interest of record in the property affected.
  7. “Landowner” means a person who has title to real estate in fee simple or a life estate.
  8. “Lay out” means the legal procedure establishing the alignment or right-of-way of a highway.
  9. “Reclassify” means to change the classification of a highway using the legal process described in this chapter.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20 , § 96.

History

Amendments

—2021. Added “As used in this chapter:” at the beginning of the section.

ANNOTATIONS

Alteration.

When in addition to tree cutting along a half-mile section of a road, a town made some improvements to the ditching, brought in 164 dump-truck loads of gravel, and widened a portion of the road, without any blasting or installation of culverts, these changes qualified as maintenance and did not add up to an alteration. As such, the town did not need to perform a survey. Hamilton v. Town of Holland, 2007 VT 133, 183 Vt. 247, 950 A.2d 1183, 2007 Vt. LEXIS 340 (2007).

Right to appeal.

When the statute pertaining to definitions and the statute governing petitions to lay out highways are read together, it is evident that the right to appeal belongs to those who own or have a legal interest in property through which the highway is laid out. The fact that “interested in” is defined as having a legal interest in the property “affected” does not change that the appeal right belongs only to those with an interest in property “through which” the highway is laid out. Fortieth Burlington v. City of Burlington, 2020 VT 45, 212 Vt. 355, 236 A.3d 1236, 2020 Vt. LEXIS 52 (2020).

§ 702. Width of highways and trails.

The right-of-way for each highway and trail shall be three rods wide unless otherwise properly recorded. Any highway that had been designated as a trail prior to July 1, 1967 and later becomes a trail shall retain the same width of right-of-way as a trail as it had as a highway, but not exceeding three rods.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 294 .

CROSS REFERENCES

Assumed width of right-of-way, see § 32 of this title.

ANNOTATIONS

Measurement.

This section and section 32 of this title, when read together, presume that the width of a highway is three rods, and that the width is to be measured from the center line of the currently existing highway. Town of Ludlow v. Watson, 153 Vt. 437, 571 A.2d 67, 1990 Vt. LEXIS 5 (1990).

Cited.

Cited in Morse v. Murphy, 157 Vt. 410, 599 A.2d 1367, 1991 Vt. LEXIS 212 (1991); Cameron's Run, LLP v. Frohock, 2010 VT 60, 188 Vt. 610, 9 A.3d 664, 2010 Vt. LEXIS 57 (2010) (mem.).

§ 703. Widening of highways.

If the width of a highway as laid out is less than the law or the public convenience requires, the selectboard may widen the highway accordingly. Persons whose lands are taken or are damaged shall be entitled to compensation.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 295 .

§ 704. Survey and boundaries.

When selectmen accept, lay out, or alter a highway, as provided in this chapter, they shall cause a survey to be made in accordance with the provisions of section 33 of this title and shall mark each termination of the survey by a permanent monument or boundary or refer the termination or survey by course and distance, to some neighboring permanent monument. The survey shall describe the highway and the right-of-way by courses, distances, and width, and shall describe the monuments and boundaries.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 195 (Adj. Sess.), § 3.

History

Amendments

—1993 (Adj. Sess.). Inserted “in accordance with the provisions of section 33 of this title” preceding “and shall mark” in the first sentence.

Prior law.

19 V.S.A. § 296 .

Survey not required.

When in addition to tree cutting along a half-mile section of a road, a town made some improvements to the ditching, brought in 164 dump-truck loads of gravel, and widened a portion of the road, without any blasting or installation of culverts, these changes qualified as maintenance and did not add up to an alteration. As such, the town did not need to perform a survey. Hamilton v. Town of Holland, 2007 VT 133, 183 Vt. 247, 950 A.2d 1183, 2007 Vt. LEXIS 340 (2007).

Annotations From Former § 296

Effect of failure to establish boundaries.

The neglect of the authority establishing a road to prescribe its width excused a town from liability for not opening and working the road. State v. Town of Leicester, 33 Vt. 653, 1861 Vt. LEXIS 13 (1861).

§ 705. Papers to be recorded.

A copy of any order of a court establishing, altering, or discontinuing a highway, together with a survey of so much of the road as is in any one town, certified by the clerk of the court, shall be recorded in the office of the town clerk.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 297 .

CROSS REFERENCES

Survey of existing highways, see § 33 of this title.

§ 706. Duties of commissioners appointed by the Supreme or Superior Court.

Any commissioners appointed by the Supreme or Superior Court to build or repair a bridge or lay out, alter, or discontinue a highway may order the town or towns, in or through which they lay out or alter a highway, to grade the hills to such inclination as they deem proper and to gravel the portions they deem necessary. The commissioners shall estimate the expense and report to the court. The court may accept or reject the report in whole or in part and order the town or towns to gravel portions of the highway and to grade the hills in the manner and to the extent it deems proper.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1056 .

CROSS REFERENCES

Repairs, maintenance, and improvements, see chapter 9 of this title.

§ 707. Powers of Supreme and Superior Courts.

Upon petition for that purpose as in case of laying out, altering, or discontinuing a highway, and by similar proceedings, the Supreme or Superior Court may order hills to be graded and surfaces to be graveled on existing highways under the provisions of section 706 of this title.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1057 .

Subchapter 2. Laying Out, Altering, Reclassifying, or Discontinuing Highways by Petition to Selectboard

CROSS REFERENCES

Duties of selectboard as to town highways generally, see § 304 of this title.

Appeal from selectboard’s damages award, see chapter 7, subchapter 3 of this title.

Objections to laying out, alteration or reclassification, see chapter 7, subchapter 4 of this title.

Proceedings in Superior Court upon failure of selectboard to act, see chapter 7, subchapter 5 of this title.

Discontinuance of highways, see chapter 7, subchapter 7 of this title.

Assessment for failure to build highway or bridges, see chapter 7, subchapter 8 of this title.

Highways involving two or more towns, see chapter 7, subchapter 9 of this title.

Damages generally, see chapter 7, subchapter 10 of this title.

§ 708. Petition.

  1. Persons who are either voters or landowners, and whose number is at least five percent of the voters, in a town, desiring to have a highway laid out, altered, reclassified, or discontinued, may apply by petition in writing to the selectboard for that purpose. A person who is a landowner in a town, desiring to have an unidentified corridor which passes through or abuts his or her land discontinued or altered, may apply in writing to the selectboard for that purpose. The selectboard may also initiate these proceedings on its own motion.
  2. A class 4 highway need not be reclassified to class 3 merely because there exists within a town one or more class 3 highways with characteristics similar to the class 4 highway. In considering whether to reclassify a class 4 highway to class 3, consideration may be given as to whether the increased traffic and development potential likely to result from the reclassification is desirable or is in accordance with the town plan.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 2005, No. 178 (Adj. Sess.), § 3.

History

Amendments

—2005 (Adj. Sess.). Subsec. (a): Substituted “selectboard” for “selectmen” in the first and last sentences, added the second sentence, and substituted “its” for “their” in the last sentence.

Prior law.

19 V.S.A. § 341 .

CROSS REFERENCES

Classification of highways, see § 302 of this title.

Proceedings on refusal of selectboard to act, see chapter 7, subchapter 5 of this title.

Petition to lay out, alter, reclassify, or discontinue highway on or intersecting town lines, see § 792 of this title.

ANNOTATIONS

Procedure.

Procedure to be followed in laying out or discontinuing a highway is wholly statutory, and method prescribed must be substantially complied with or proceedings will be void. In re Bill, 168 Vt. 439, 724 A.2d 444, 1998 Vt. LEXIS 352 (1998).

Because highway was laid through two or more towns, New Haven town selectboard lacked jurisdiction when it attempted to discontinue its portion of highway in 1926; selectboard’s failure to comply with then-existing statutory scheme voided its proceedings and its order purporting to discontinue highway segment, and therefore highway was held to still legally exist. In re Bill, 168 Vt. 439, 724 A.2d 444, 1998 Vt. LEXIS 352 (1998).

Review.

Town’s argument that trial court hearing an appeal of selectmen’s denial of reclassification of town highway petition could not order reclassification of road without finding that town acted discriminatorily or arbitrarily in refusing reclassification was rejected since a finding of discrimination is not a prerequisite to reclassification by the Superior Court, and statutory amendment states that a class 4 highway need not be reclassified to class 3 because there exists one or more class 3 highways with characteristics similar to the class 4 highway. Hansen v. Town of Charleston, 157 Vt. 329, 597 A.2d 321, 1991 Vt. LEXIS 174 (1991).

Cited.

Cited in Kelly v. Town of Barnard, 155 Vt. 296, 583 A.2d 614, 1990 Vt. LEXIS 186 (1990).

§ 709. Notice and hearing.

The selectboard shall promptly appoint a time and date both for examining the premises and hearing the persons interested, and give 30 days’ notice to the petitioners, and to persons owning or interested in lands through which the highway may pass or abut, of the time when they will inspect the site and receive testimony. The selectboard shall also give notice to any municipal planning commission in the town, post a copy of the notice in the office of the town clerk, and cause a notice to be published in a local newspaper of general circulation in the area not less than ten days before the time set for the hearing. The notice shall be given by certified mail sent to the official residence of the person(s) required to be notified.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” in the first sentence and “The selectboard” for “They” in the second sentence in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 342a .

ANNOTATIONS

Right to appeal.

Because the right to appeal from a necessity decision belonged to those who owned or had a legal interest in property through which a highway was laid out, an abutting landowner was not entitled to appeal, as it did not have an interest in any property through which the highway was to be laid out; the fact that the landowner was entitled to notice of the hearing did not confer a right to appeal. Fortieth Burlington v. City of Burlington, 2020 VT 45, 212 Vt. 355, 236 A.3d 1236, 2020 Vt. LEXIS 52 (2020).

Cited.

Cited in Kelly v. Town of Barnard, 155 Vt. 296, 583 A.2d 614, 1990 Vt. LEXIS 186 (1990).

§ 710. Survey or order of discontinuance.

After examining the premises and hearing any interested parties, and if the selectmen judge that the public good, necessity, and convenience of the inhabitants of the municipality require the highway to be laid out, altered, or reclassified as claimed in the petition, they shall cause the highway to be surveyed in accordance with the provisions of section 33 of this title if the highway right-of-way cannot be determined and shall place suitable monuments to properly mark the bounds of the survey. If they decide to discontinue a highway, the discontinuance shall be in writing setting forth a completed description of the highway.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 195 (Adj. Sess.), § 4.

History

Amendments

—1993 (Adj. Sess.). Inserted “in accordance with the provisions of section 33 of this title” following “surveyed” in the first sentence.

Prior law.

19 V.S.A. § 343 .

Generally.

Reclassification proper.

Review.

Stay.

Generally.

There is no legal requirement that a town must conduct all necessary maintenance before it can reclassify its roads. The applicable standard for road reclassification is whether the selectboard determines that the public good, necessity, and convenience of the inhabitants of the municipality require reclassification, and whether the selectboard’s decision to this effect is supported by any competent evidence. Demarest v. Town of Underhill, 2013 VT 72, 195 Vt. 204, 87 A.3d 439, 2013 Vt. LEXIS 84 (2013).

The standard applicable in road reclassification cases is whether the public good, necessity, and convenience of the inhabitants of the municipality require the highway to be reclassified as claimed in the petition. Hansen v. Town of Charleston, 157 Vt. 329, 597 A.2d 321, 1991 Vt. LEXIS 174 (1991).

Reclassification proper.

There was competent evidence to support a town’s decision to reclassify a road from a class 3 and class 4 town highway to a legal trail. The selectboard considered evidence of the significant cost of maintaining the road, the fact that the area had reverted to its natural state after an ineffective reclassification that led the town to stop maintaining the road, the environmental concerns, the minimal importance of the road as a through-road, and the fact that abutting landowners would have access to their parcels. Demarest v. Town of Underhill, 2013 VT 72, 195 Vt. 204, 87 A.3d 439, 2013 Vt. LEXIS 84 (2013).

Town’s decision to reclassify a town road from a class 3 to a class 4 highway was supported by the evidence that the road was too narrow to let two cars pass safely and that the road’s steep incline made snow removal unsafe. Ketchum v. Town of Dorset, 2011 VT 49, 190 Vt. 507, 22 A.3d 500, 2011 Vt. LEXIS 49 (2011) (mem.).

Review.

In reviewing a town’s reclassification of a road by writ of certiorari, the trial court did not err in denying plaintiffs’ request to supplement the record on appeal. The statute was silent on the method of review, and the decision was made following a quasi-judicial procedure by the town selectboard in which plaintiffs freely participated. Ketchum v. Town of Dorset, 2011 VT 49, 190 Vt. 507, 22 A.3d 500, 2011 Vt. LEXIS 49 (2011) (mem.).

When a town decided to reclassify a town road from a class 3 to a class 4 highway, review was by writ of certiorari under the rule providing for review of governmental action. Ketchum v. Town of Dorset, 2011 VT 49, 190 Vt. 507, 22 A.3d 500, 2011 Vt. LEXIS 49 (2011) (mem.).

Stay.

Trial court did not err in denying petitioners’ request for a stay of a highway reclassification appeal while a maintenance case was pending. Petitioners did not challenge the town’s maintenance decision until long after the deterioration in the road due to the lack of maintenance had actually occurred, there was no legal requirement that the road be brought back to its former condition before the town could undertake reclassification, and it was proper for the town to base its reclassification decision on the conditions then existing instead of those existing in 2001, when a reclassification that was later ruled ineffective caused the town to stop maintaining the road. Demarest v. Town of Underhill, 2013 VT 72, 195 Vt. 204, 87 A.3d 439, 2013 Vt. LEXIS 84 (2013).

Annotations From Former § 343

Laying out of private road.

A road that began and ended upon the lands of a single individual did not connect with or intersect any other highway; was not accessible to any other person without trespassing upon the lands of such individual; and was not required by the public good nor the convenience and necessity of any other person, was not a public highway and could not be laid in invitum. Snow v. Town of Sandgate, 66 Vt. 451, 29 A. 673, 1894 Vt. LEXIS 118 (1894).

Necessity for survey and tender of damages.

Neither a survey nor tender of land damages was necessary when a former owner had dedicated the land and caused a survey and record thereof to be made where the order referred to and adopted such survey. Winooski Lumber & Water Power Co. v. Town of Colchester, 57 Vt. 538, 1885 Vt. LEXIS 94 (1885).

Status of selectmen.

The selectmen sat in a quasi-judicial position at hearings held before them under the statute. Whitcomb v. Town of Springfield, 123 Vt. 395, 189 A.2d 550, 1963 Vt. LEXIS 100 (1963).

§ 711. Selectboard’s return; recording.

  1. Within 60 days after the examination and hearing, the selectboard shall return the original petition with a report of its findings and of the manner of notifying the parties together with the survey or discontinuance, to the town clerk’s office.  The selectboard’s order laying out, altering, reclassifying, or discontinuing the highway, with the survey, shall be recorded by the clerk.
  2. As part of the report of findings provided for in subsection (a) of this section, the selectboard may order that the petitioner bear the cost of upgrading a class 4 town highway to the class 3 town highway standards established in subdivision 302(a)(3)(B) of this title.  Nothing in this section shall be construed to require a town to maintain a class 4 highway or to upgrade a highway from class 4 to class 3.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1991, No. 47 , § 2.

History

Revision note

—2021. Substituted “Selectboard’s” for “Selectmen’s”; “selectboard” for “selectmen”; “its” for “their”; and “The selectboard’s” for “Their” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Amendments

—1991. Designated the existing provisions of the section as subsec. (a) and added subsec. (b).

Prior law.

19 V.S.A. § 344 .

CROSS REFERENCES

Appeal from order of selectboard, see chapter 7, subchapter 4 of this title.

§ 712. Damages paid or tendered.

When the selectboard determines that a person through whose land the highway passes or abuts is entitled to damages, the town shall pay or tender to him or her damages as the selectboard determines reasonable before the highway is opened.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard determines” for “selectmen determine” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 345 .

CROSS REFERENCES

Appeal from selectboard’s award of damages, see chapter 7, subchapter 3 of this title.

Damages for highways discontinued before completion, see § 776 of this title.

Damages generally, see chapter 7, subchapter 10 of this title.

Annotations From Former § 345

Determination of damages generally.

Where a public highway was laid out over a private road in such a manner as to convert it into a public thoroughfare, the landowner was not entitled to recover as damages the expenses of constructing the private road, but simply such damages as were actually done him by the taking, notwithstanding that the public had the benefit of his labor. Prince v. Town of Braintree, 64 Vt. 540, 26 A. 1095, 1892 Vt. LEXIS 85 (1892).

Establishment of damages by agreement of parties.

The selectmen could agree with the owner of land on the amount of damages to be paid to him before opening a road through his land, and draw an order therefor. Battles v. Town of Braintree, 14 Vt. 348, 1842 Vt. LEXIS 60 (1842).

An owner of land was not precluded from claiming damages by reason of any parol agreement made between his grantor and the selectmen, waiving damages, if the road had not been opened in manner pointed out by statute. Battles v. Town of Braintree, 14 Vt. 348, 1842 Vt. LEXIS 60 (1842).

§ 713. Time for vacating land.

When the selectmen lay out or alter a highway, they shall fix in their order the time within which the owner of the lands taken shall remove his or her buildings, fences, timber, wood, or trees. Without the consent of the owner, the time shall not be less than two months, but if the lands taken have buildings, the time shall not be less than six months, nor, in either case, until compensation for damages is paid, if the sum fixed by the selectmen is accepted or damages are awarded by referees. Notice of the time when the removal shall be made shall be given to the owner and included in the selectmen’s order. An appeal of the damages awarded shall not stay the work contemplated.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 346 .

CROSS REFERENCES

Stay of proceedings upon appeals to Superior Court, see § 743 of this title.

Annotations From Former § 346

Effect of failure to provide notice.

A failure to specify the time for removal of fences, timber, etc., did not render the proceedings of the selectmen void. Kidder v. Jennison, 21 Vt. 108, 1849 Vt. LEXIS 6 (1849); Robinson v. Winch, 66 Vt. 110, 28 A. 884, 1893 Vt. LEXIS 22 (1893); LaFarrier v. Hardy, 66 Vt. 200, 28 A. 1030, 1894 Vt. LEXIS 84 (1894).

§ 714. Possession after time expires.

When a highway is laid out or altered, the selectmen may take possession of the land within the surveyed limits, at any time after the expiration of the time fixed by the selectmen unless appealed to the Superior Court for landowners to remove their buildings, fences, trees, timber, or wood. They may remove obstructions, and open the lands for working and travel, if they have previously paid or tendered to the landowners the damages awarded by them or by the commissioners laying out or altering the highway. An appeal of the damages awarded shall not stay the work contemplated.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 347 .

§§ 715, 716. Repealed. 1999, No. 156, § 21(2) and 21(3), eff. May 29, 2000.

History

Former §§ 715, 716. Former § 715, relating to the certificate of completion and acceptance, was derived from 1985, No. 269 (Adj. Sess.), § 1.

Former § 716, relating to a copy of the certificate to owner or occupant of land, was derived from 1985, No. 269 (Adj. Sess.), § 1.

Annotations From Former § 349

Presumption as to filing of certificate.

Requirement of filing of certificate.

Time for filing of certificate.

Annotations From Former § 715

Roads opened prior to 1820.

Annotations From Former § 349

Presumption as to filing of certificate.

It could not be presumed that a certificate of the completion and opening of a public highway was filed in the town clerk’s office as required by this section. Bacon v. Boston & Maine Railroad, 83 Vt. 421, 76 A. 128, 1910 Vt. LEXIS 212 (1910).

Requirement of filing of certificate.

After a highway had been laid out by the selectmen and had been made by the town; had been kept in repair and used by the public for some twelve or thirteen years; and the landowner had accepted his land damages for laying out of the road, built his fences beside it, and had acquiesced during all that time in treating it as a public highway, he could not sustain trespass on the freehold against those who went upon the road to repair it upon the ground that the selectmen had never filed with the town clerk a certificate of the opening of the road. Felch v. Gilman, 22 Vt. 38, 1849 Vt. LEXIS 88 (1849).

Statutory proceedings and surveys by selectmen laying out a public highway, without a recorded certificate that the road was open for travel, did not make the road laid out a public highway, and such a road could not become a public highway unless it was recognized as such by some unequivocal act of the town. Blodgett v. Town of Royalton, 14 Vt. 288, 1842 Vt. LEXIS 50 (1842); Bacon v. Boston & Maine Railroad, 83 Vt. 421, 76 A. 128, 1910 Vt. LEXIS 212 (1910).

Pent roads laid by selectmen were required to be opened by them, and their certificate thereof was to be recorded. Warren v. Bunnell, 11 Vt. 600, 1839 Vt. LEXIS 131 (1839).

When a new road was established, any town through which it passed could immediately make it, and it then became the duty of the selectmen to open it; when it was opened, they were required to have a certificate thereof to be recorded in the town clerk’s office, which recording was the proper evidence of the opening of the road; and until this was done, the owner of the land could lawfully keep it enclosed with a fence. Patchen v. Morrison, 3 Vt. 570, 3 Vt. 590, 1831 Vt. LEXIS 54 (1831).

Time for filing of certificate.

The certificate of the selectmen that a road was opened could not be filed until after the road was made, and persons whose duty it was to make the road could enter the land prior to the filing of the certificate without being trespassers. Patchin v. Doolittle, 3 Vt. 457, 1831 Vt. LEXIS 35 (1831).

Annotations From Former § 715

Roads opened prior to 1820.

At trial where declaratory judgment was sought that roads were public highways, this section required certification to establish valid openings of roads only where such roads were opened after 1820; where evidence showed roads in question were laid out prior to 1820, trial court correctly applied presumption of regularity of official acts to conclude roads were opened prior to 1820, absent evidence to the contrary; therefore, roads constituted properly established public highways. Kelly v. Town of Barnard, 155 Vt. 296, 583 A.2d 614, 1990 Vt. LEXIS 186 (1990).

§ 717. Evidence of highway completion or discontinuance.

  1. The lack of a certificate of completion of a highway shall not alone constitute conclusive evidence that a highway is not public.
  2. A town or county highway that has not been kept passable for use by the general public for motorized travel at the expense of the municipality for a period of 30 or more consecutive years following a final determination to discontinue the highway shall be presumed to have been effectively discontinued. This presumption of discontinuance may be rebutted by evidence that manifests a clear intent by the municipality or county and the public to consider or use the way as a highway. The presumption of discontinuance shall not be rebutted by evidence that shows isolated acts of maintenance, unless other evidence exists that shows a clear intent by the municipality or county to consider or use the highway as if it were a public right-of-way.
  3. A person whose sole means of access to a parcel of land or portion thereof owned by that person is by way of a town highway or unidentified corridor that is subsequently discontinued shall retain a private right-of-way over the former town highway or unidentified corridor for any necessary access to the parcel of land or portion thereof and maintenance of his or her right-of-way.

HISTORY: Added 1999, No. 156 (Adj. Sess.), § 25, eff. May 29, 2000; amended 2005, No. 178 (Adj. Sess.), § 4.

History

Amendments

—2005 (Adj. Sess.). Added “or discontinuance” in the section heading, designated the existing provisions of the section as subsec. (a), and added subsecs. (b) and (c).

ANNOTATIONS

Certificate of opening.

Town was not required to provide a certificate of opening to prove that a road was an existing town highway or public road, nor to prove that the certificate once existed and could not now be located. Town of Granville v. Loprete, 2017 VT 101, 206 Vt. 21, 178 A.3d 1013, 2017 Vt. LEXIS 119 (2017).

Construction with other law.

While the statute concerning classification of town highways was enacted after the statute concerning evidence of highway completion or discontinuance, the town highway statute implicitly recognizes that a highway can be deemed “properly laid out” even if a town cannot produce a certificate of completion. Town of Granville v. Loprete, 2017 VT 101, 206 Vt. 21, 178 A.3d 1013, 2017 Vt. LEXIS 119 (2017).

Subchapter 3. Appeal from Selectboard’s Award of Damages

History

Revision note

—2021. Substituted “Selectboard’s” for “Selectmen’s” and “of damages” for “for damage” in subchapter heading in accordance with 2013, No. 161 (Adj. Sess.), § 72 and to correct a grammatical error.

CROSS REFERENCES

Laying out, alteration, reclassification, or discontinuance of highways by petition to selectboard, see chapter 7, subchapter 2 of this title.

Damages generally, see chapter 7, subchapter 10 of this title.

§ 725. Arbitration.

If the damages offered by the selectboard are unacceptable to the property owner, or interested person, the selectboard, with the consent of the other party, may agree to refer the question of damages to one or more disinterested persons mutually selected, whose award shall be final. The reference and award, and the proceedings used in settling the damages, shall be included in the proceedings of the selectboard returned to the town clerk for recording.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 381 .

Annotations From Former § 381

Enforcement of award.

Where the selectmen and the landowner, by express agreement, submitted all the matters passed upon the arbitrators, but the submission as to some of the matters was not binding on the town, and the arbitrators verbally published their award, which consisted of distinct findings on distinct matters, having no connection, it was competent for the landowner to declare in assumpsit for the aggregate amount of the award, and those matters improperly allowed and which could thus be definitely ascertained and computed, could be disallowed, and a recovery had for the balance, or upon that part of the award which was good and legal. Dalrymple v. Town of Whitingham, 26 Vt. 345, 1854 Vt. LEXIS 22 (1854).

Factors considered by arbitrators.

In ascertaining damages for land taken for a highway, the only matters proper to be considered were the value of the land taken, the expense of fencing against the road, and the damage done to the land remaining. Dalrymple v. Town of Whitingham, 26 Vt. 345, 1854 Vt. LEXIS 22 (1854).

Scope of reference.

The selectmen could only submit those matters proper to be considered in ascertaining the damages sustained by the taking of land for which they, as selectmen, were authorized to make compensation, and arbitrators in ascertaining damages were confined to such facts and matters as could be taken into consideration by the selectmen. Dalrymple v. Town of Whitingham, 26 Vt. 345, 1854 Vt. LEXIS 22 (1854).

Time for and effect of reference.

The selectmen and the owner of land could settle the question of damages by a reference at any time after survey of the road, although the survey might not, at the time, have been recorded, and the award by the referees would preclude the owner from bringing a petition for appointments of commissioners to appraise his damages. Town of Tunbridge v. Tarbell, 19 Vt. 453, 1847 Vt. LEXIS 60 (1847).

§ 726. Petition to Superior Court.

A person not satisfied with the damages offered by the selectboard, or any decision made by the selectboard, may apply to the Civil Division of the Superior Court for the appointment of commissioners to appraise the damages. Any other persons claiming damages on account of the highway may join in the petition, but filing the petition shall not delay the opening of the highway.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

—2011. Substituted “civil” for “criminal” preceding “division of the” in the first sentence.

Amendments

—2009 (Adj. Sess.) Substituted “criminal division of the superior court” for “district court” in the first sentence.

Prior law.

19 V.S.A. § 382 .

Cited.

Cited in Munson v. City of South Burlington, 162 Vt. 506, 648 A.2d 867, 1994 Vt. LEXIS 86 (1994).

Annotations From Former § 382

Generally.

The failure of selectmen to give an interested party notice of the hearing on the question of damages did not invalidate their proceedings because the party had an ample remedy under this section. Brock v. Town of Barnet, 57 Vt. 172, 1884 Vt. LEXIS 15 (1884); Robinson v. Winch, 66 Vt. 110, 28 A. 884, 1893 Vt. LEXIS 22 (1893); LaFarrier v. Hardy, 66 Vt. 200, 28 A. 1030, 1894 Vt. LEXIS 84 (1894).

Availability of other remedies.

An award by referees precluded a landowner from bringing a petition for appointment of commissioners to appraise his damages. Town of Tunbridge v. Tarbell, 19 Vt. 453, 1847 Vt. LEXIS 60 (1847).

Filing of petition.

The owner of land at the time a road was laid was the person and the only person to petition for reappraisal of damages. Rand v. Town of Townshend, 26 Vt. 670, 1854 Vt. LEXIS 69 (1854).

Joinder of parties.

Any number of landowners, though holding by independent titles, could join in the same petition for reappraisal of land damages. Rand v. Town of Townshend, 26 Vt. 670, 1854 Vt. LEXIS 69 (1854).

Judicial action on petition.

A justice who was a taxpayer of the town concerned was disqualified from acting on a petition for appointment of commissioners. Fairbanks v. Town of Rockingham, 72 Vt. 419, 48 A. 654, 1900 Vt. LEXIS 159 (1900).

§ 727. Application.

The application shall be made within 60 days after the highway is opened for travel. A person who did not receive notice of the selectboard’s hearing may apply within one year of the day the highway is opened.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard’s” for “selectmen’s” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 383 .

Annotations From Former § 383

Prerequisite to filing of petition.

The remedy under the section was not available unless a certificate of completion of a highway had been recorded in the town clerk’s office. Emerson v. Reading, 14 Vt. 279, 1842 Vt. LEXIS 48 (1842); Town of Tunbridge v. Tarbell, 19 Vt. 453, 1847 Vt. LEXIS 60 (1847); Wheeler v. Town of St. Johnsbury, 87 Vt. 46, 87 A. 349, 1913 Vt. LEXIS 162 (1913).

§ 728. Service.

On receipt of the petition, the court shall issue a citation stating the time and place of hearing that, with the petition, shall be served on one or more selectboard members at least six days before the time.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard members” for “of the selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 384 .

§ 729. Commissioners; selection.

When the parties do not agree with any other method of appointing commissioners, the court may make a list of 18 disinterested people. Each party may object to six on the list, and out of the number not objected to, the court shall select three for commissioners.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 385 .

§ 730. Commission.

The court shall direct the commission to impartially appraise the damages sustained by the petitioner or the relief sought as set forth in the petition, and report their findings to the court by a date stated in the instructions.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 386 .

§ 731. Impartial appraisals.

The commissioners shall be sworn to make impartial appraisals. They shall give at least six days’ notice of the time of making the appraisal to one or more of the selectboard members and, at the time appointed, examine the premises, make the appraisal, and report their findings as directed in their instructions from the court.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard members” for “of the selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 387 .

§ 732. Report.

The court may accept or reject the report in whole or in part or recommit it to the same or new commissioners with such instructions as justice requires.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 388 .

Annotations From Former § 388

Grounds for rejection.

The refusal of the commissioners to hear the testimony of witnesses as to the value of premises and amount of damages was not sufficient a reason for rejecting their report. Lyman v. Town of Burlington, 22 Vt. 131, 1849 Vt. LEXIS 101 (1849).

§ 733. Costs.

When the appraisal by the commissioners is more than was offered by the selectboard, the town shall pay the costs; when less, costs shall be borne by the petitioner.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 389 .

Subchapter 4. Petition to Superior Court

CROSS REFERENCES

Laying out, altering, reclassifying, or discontinuing highways by petition to selectboard, see chapter 7, subchapter 2 of this title.

Appeal from damages awards generally, see chapter 7, subchapter 3 of this title.

Damages generally, see chapter 7, subchapter 10 of this title.

§ 740. Petition.

  1. 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.
  2. The words “necessity” and “damages” as used in this section shall have the same definition as set forth in chapter 5 of this title.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 161 (Adj. Sess.), § 12, eff. Jan. 1, 1998; 2005, No. 178 (Adj. Sess.), § 5.

History

Amendments

—2005 (Adj. Sess.). Section amended generally.

—1997 (Adj. Sess.). Section amended generally.

Prior law.

19 V.S.A. § 421 .

Appeal.

Plaintiff coalition, which challenged the necessity determination in the context of a proceeding to lay out a highway, lacked standing to appeal. Because it lacked any legal interest of record in any of the properties affected by defendant city’s order, it had no statutory right to appeal and therefore could not invoke Rule 74, governing appeals from decisions of government agencies; furthermore, Rule 75, governing review of governmental action, did not apply because Rule 74 offered a review mechanism. Friends of Pine St. v. City of Burlington, 2020 VT 43, 212 Vt. 342, 236 A.3d 1241, 2020 Vt. LEXIS 51 (2020).

Because the right to appeal from a necessity decision belonged to those who owned or had a legal interest in property through which a highway was laid out, an abutting landowner was not entitled to appeal, as it did not have an interest in any property through which the highway was to be laid out; the fact that the landowner was entitled to notice of the hearing did not confer a right to appeal. Fortieth Burlington v. City of Burlington, 2020 VT 45, 212 Vt. 355, 236 A.3d 1236, 2020 Vt. LEXIS 52 (2020).

When the statute pertaining to definitions and the statute governing petitions to lay out highways are read together, it is evident that the right to appeal belongs to those who own or have a legal interest in property through which the highway is laid out. The fact that “interested in” is defined as having a legal interest in the property “affected” does not change that the appeal right belongs only to those with an interest in property “through which” the highway is laid out. Fortieth Burlington v. City of Burlington, 2020 VT 45, 212 Vt. 355, 236 A.3d 1236, 2020 Vt. LEXIS 52 (2020).

Plain reading of the statute regarding petitions to Superior Court in cases involving laying out, altering, or resurveying highways reveals that the Superior Court’s review is not pursuant to the rule regarding appeals from decisions of government agencies in cases involving reclassification of a class 3 to class 4 road. There is no merit to the argument that “altered” in the statute includes reclassification. Ketchum v. Town of Dorset, 2011 VT 49, 190 Vt. 507, 22 A.3d 500, 2011 Vt. LEXIS 49 (2011) (mem.).

Town was not constitutionally required to notify an individual of his or her right to appeal a decision of the board of selectmen following a full hearing regarding the classification of a town road. Gabriel v. Town of Duxbury, 171 Vt. 610, 764 A.2d 1224, 2000 Vt. LEXIS 318 (2000) (mem.).

Timeliness.

Property owner’s claim under 19 V.S.A. § 740 was not timely even if city’s misrepresentation regarding setback distance invalidated notice sent by city where property owner had actual notice of true boundaries of taking and setback in May 1991 but did not file until August 1991, well after 20-day time limit. Munson v. City of South Burlington, 162 Vt. 506, 648 A.2d 867, 1994 Vt. LEXIS 86 (1994).

Cited.

Cited in In re Shepard, 155 Vt. 356, 584 A.2d 421, 1990 Vt. LEXIS 241 (1990).

Annotations From Former § 421

Constitutionality.

This section, authorizing a dissatisfied landowner in proceedings for the laying out of a public highway to bring a petition to the county court, and thereon have a rehearing of all questions involved, was a sufficient provision for an appeal as against the objection that the statute was unconstitutional in failing to provide for an appeal to disinterested tribunal. Barber v. Vinton, 82 Vt. 327, 73 A. 881, 1909 Vt. LEXIS 296 (1909).

Availability of remedy.

The loss of the right to require maintenance and repair of a town highway upon its reduction to the status of a trail was not a loss of a right for which an abutting landowner was entitled to compensation, since such a right was not in the landowner, but rather was held in common by all the citizens and taxpayers of the state, and the abutters could convert the right into an appurtenance of the abutting land subject to compensation. Perrin v. Town of Berlin, 138 Vt. 306, 415 A.2d 221, 1980 Vt. LEXIS 1209 (1980).

Where the trustees of an incorporated village raised the grade of a highway in front of petitioner’s premises, and the selectmen of the town had nothing to do with the filling, though they knew that it was being made, and there was no survey and no record of the alteration, a county court had no power to appoint commissioners to appraise the damages. Penniman v. Town of St. Johnsbury, 54 Vt. 306, 1881 Vt. LEXIS 112 (1881).

§ 741. Appointment of commissioners.

The court shall appoint three disinterested landowners as commissioners to inquire into the convenience and necessity of the proposed highway and the manner in which it has been laid out, altered, or resurveyed and, except where a trial by jury is requested, as to the amount of damages sustained by the appellant.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 161 (Adj. Sess.), § 13, eff. Jan. 1, 1998.

History

Amendments

—1997 (Adj. Sess.). Deleted the former first sentence and substituted “appellant” for “petitioner” at the end of the section.

Legislative intent. 1997, No. 161 (Adj. Sess.), § 1 provides: “It is the intent of the general assembly that this act shall clarify existing law and practice by providing uniform language regarding appeals. The act is not intended to make substantive changes to the law. The act leaves questions such as choice between jury trial or court trial, de novo or on the record appeal, and scope of review to specific statutory provisions or prior practice governing appeals from particular agencies, including rules of court procedure.”

Prior law.

19 V.S.A. § 422 .

ANNOTATIONS

Applicability.

By its own terms, the appointment of commissioners under the statute governing such appointments is not triggered when the issue before the trial court concerns the reclassification of a road. Thus, the statute did not apply when a resident asked that the trial court determine whether a town’s decision to classify a road as a trail was valid. In re Town Highway No. 20, 2012 VT 17, 191 Vt. 231, 45 A.3d 54, 2012 Vt. LEXIS 18 (2012).

Citation.

Although served on one or more of the selectmen, the citation was to summon the town, but a general appearance by the town waived any defect in the summons. Drown v. Town of Barton, 45 Vt. 33, 1872 Vt. LEXIS 91 (1872); In re Jacobs, 116 Vt. 11, 68 A.2d 710, 1949 Vt. LEXIS 96 (1949).

Nature of proceedings before commissioners.

The hearing before a court-appointed commission on a landowner’s appeal from a decision of the selectmen to alter a road from an open highway to a trail was a de novo proceeding and the selectmen were not disqualified as witnesses by reason of their having acted in a quasi-judicial capacity in the original proceedings. Whitcomb v. Town of Springfield, 123 Vt. 395, 189 A.2d 550, 1963 Vt. LEXIS 100 (1963).

Qualifications of commissioners.

Person who had a grand list in the town where the highway was to be established, but who had conveyed the property which was the basis of the list, was not disqualified to act as commissioner. Gray v. Middletown, 56 Vt. 53, 1884 Vt. LEXIS 52 (1884).

The commissioners were required to be freeholders not pecuniarily interested in the establishment or nonestablishment of the highway. Chase v. Town of Rutland, 47 Vt. 393, 1875 Vt. LEXIS 33 (1875).

Cited.

Cited in In re Shepard, 155 Vt. 356, 584 A.2d 421, 1990 Vt. LEXIS 241 (1990).

§ 742. Commissioners’ report; judgment on report.

The commissioners shall give notice to one or more of the selectboard members and to the appellants of the time and place where they will examine the area and hear testimony. After completing their inquiries, they shall make a report to the court. The court may accept or reject the report in whole or in part, and by its order or decree may establish, alter, resurvey, or discontinue the highway, and may render judgment for the appellants for any damages as they have severally sustained. When this allowance is greater than was offered by the selectboard members, the court may tax costs for the appellants, or for either party, as is just.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 161 (Adj. Sess.), § 14, eff. Jan. 1, 1998.

History

Amendments

—1997 (Adj. Sess.). Substituted “selectboard members” for “selectmen” twice and “appellants” for “petitioners” three times.

Legislative intent. 1997, No. 161 (Adj. Sess.), § 1 provides: “It is the intent of the general assembly that this act shall clarify existing law and practice by providing uniform language regarding appeals. The act is not intended to make substantive changes to the law. The act leaves questions such as choice between jury trial or court trial, de novo or on the record appeal, and scope of review to specific statutory provisions or prior practice governing appeals from particular agencies, including rules of court procedure.”

Prior law.

19 V.S.A. § 423 .

Cited.

Cited in In re Shepard, 155 Vt. 356, 584 A.2d 421, 1990 Vt. LEXIS 241 (1990).

Annotations From Former § 423

Acceptance or rejection of commissioner’s report.

If the report failed to show that a particular landowner had notice of the proceedings, and he made an affidavit that he had no such notice, the report was to be recommitted, with instructions to give such notice and an opportunity for hearing. Walbridge v. Cabot, 67 Vt. 114, 30 A. 805, 1894 Vt. LEXIS 23 (1894).

If they find that the original boundaries could not be determined, the commissioners were then to proceed with the other questions in the case, and where they failed to do so, their report would be recommitted. Culver v. Town of Fair Haven, 67 Vt. 163, 31 A. 143, 1894 Vt. LEXIS 31 (1894).

Function of commissioners.

It was the function of the commissioners, aided by their view of the premises, to consider the entire testimony of the witnesses, weighing any and all reasons advanced by each for his opinion in regard to the value of the premises and evaluating the testimony of each witness by his qualifications, knowledge and experience, and then to arrive at a determination of the fair value of the property. In re Bolduc, 120 Vt. 20, 146 A.2d 240 (1958).

Where the character of the damage was not capable of being estimated by a strict money standard, all that was required was that sufficient data be furnished so that the trier of facts could estimate the proper amount with reasonable certainty. In re Bolduc, 120 Vt. 20, 146 A.2d 240 (1958).

Right of selectmen to testify.

The selectmen who acted in a quasi-judicial capacity at a hearing under section 343 of this title (now § 710) were nevertheless parties under this section and entitled to be heard as witnesses. Whitcomb v. Town of Springfield, 123 Vt. 395, 189 A.2d 550, 1963 Vt. LEXIS 100 (1963).

§ 743. Opening of highway stayed; damages.

When the appeal to the Superior Court is based on objections to the necessity of taking the land, or on dissatisfaction with the laying out, alteration, or resurvey by the selectboard members, the opening of the highway shall be stayed until the court renders its decision. The court may fix the time when it shall be opened, as provided in this chapter, and for paying damages awarded when the appeal includes or relates solely to the question of damages.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 161 (Adj. Sess.), § 15, eff. Jan. 1, 1999.

History

Amendments

—1997 (Adj. Sess.). Substituted “the selectboard members” for “selectmen” in the first sentence and “appeal” for “petition” in the second sentence.

1997, No. 161 (Adj. Sess.), § 1 provides: “It is the intent of the general assembly that this act shall clarify existing law and practice by providing uniform language regarding appeals. The act is not intended to make substantive changes to the law. The act leaves questions such as choice between jury trial or court trial, de novo or on the record appeal, and scope of review to specific statutory provisions or prior practice governing appeals from particular agencies, including rules of court procedure.”

Prior law.

19 V.S.A. § 424 .

CROSS REFERENCES

Time for opening of road, see chapter 7, subchapter 6 of this title.

Payment of damages ordered by court, see § 808 of this title.

Annotations From Former § 424

Effect of appeal.

An application to a county court for appointment of commissioners was a proceeding for correction of any errors of the selectmen, and did not of itself vacate their action, but it stayed or suspended opening of the highway until the decision of the court on the commissioners’ report. French v. Town of Barre, 58 Vt. 567, 5 A. 568, 1886 Vt. LEXIS 125 (1886).

An appeal by a landowner from the laying of a highway vacated previous orders of the selectmen respecting it, and suspended all their operations and proceedings for the purpose of building the road. Taft v. Town of Pittsford, 28 Vt. 286, 1856 Vt. LEXIS 23 (1856).

Subchapter 5. Proceedings in Superior Court on Refusal of Selectboard to Act

History

Revision note

—2021. Substituted “Selectboard” for “Selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

CROSS REFERENCES

Proceedings as to highways involving two or more towns, see chapter 7, subchapter 9 of this title.

Damages generally, see chapter 7, subchapter 10 of this title.

§ 750. Petition.

When the selectboard does not lay out, alter, or discontinue a highway, or when a highway is laid out by the selectboard and is not built and opened for use within three years, or if discontinued by the selectboard before it is built and opened, persons who are either voters or landowners, and whose number is at least five percent of the voters, of the town may apply for relief by petition in writing to the Superior Court for the same county, or in either county when the highway or bridge is in two counties, for any of these purposes.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard does” for “selectmen do”; “the selectboard” for “selectmen”; and “selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 461 .

Commissioners’ report.

In reclassification of highway proceedings an appeal from selectmen’s decision is made to Superior Court and must be referred to three disinterested commissioners to inquire into the convenience and necessity of the proposal and report to the court; the court may reject or accept the commissioners’ report in whole or in part and render an order or decree with respect to the issue before it. Hansen v. Town of Charleston, 157 Vt. 329, 597 A.2d 321, 1991 Vt. LEXIS 174 (1991).

Discretion of court.

Although selectmen are given broad authority over town roads, in reclassification cases the Legislature has placed selectmen in quasi-judicial role to hear classification petitions, with appellate jurisdiction over their action in the Superior Court; the selectmen can adopt reclassification policies to determine their action, but those policies do not bind the Superior Court in exercising its discretionary power in a practical manner, and not by technical rules. Hansen v. Town of Charleston, 157 Vt. 329, 597 A.2d 321, 1991 Vt. LEXIS 174 (1991).

Annotations From Former § 461

Persons entitled to file petition.

When the selectmen refused to lay out a highway on application for that purpose, any three or more freeholders of the town or vicinity, although not the same persons who signed the petition to the selectmen, could make application to the county court for that purpose. Moore v. Town of Chester, 45 Vt. 503, 1873 Vt. LEXIS 47 (1873).

Time for filing of petition.

An application under the section was in season if brought within a reasonable time. Moore v. Town of Chester, 45 Vt. 503, 1873 Vt. LEXIS 47 (1873).

§ 751. Service of citation; commissioners.

The petition with a citation, shall be served on one or more selectboard members within 21 days from the date received by the court. Unless cause is shown to the contrary, the court shall appoint as commissioners three disinterested landowners, preferably from other towns.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard members” for “of the selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 462 .

Cited.

Cited in Hansen v. Town of Charleston, 157 Vt. 329, 597 A.2d 321, 1991 Vt. LEXIS 174 (1991).

Annotations From Former § 462

Citation.

Although served on one or more of the selectmen, the citation was to summon the town, but a general appearance by the town waived any defect in the summons. In re Jacobs, 116 Vt. 11, 68 A.2d 710, 1949 Vt. LEXIS 96 (1949).

Prerequisite to filing of petition.

A petition to the county court for appointment of commissioners would not lie until the selectmen had neglected or refused to lay out the highway asked for, and whether the selectmen had so refused to act was a jurisdictional question which was to be decided by the county court before appointment of the commissioners. Crawford v. Town of Rutland, 52 Vt. 412, 1880 Vt. LEXIS 152 (1880); Dunn v. Town of Pownal, 65 Vt. 116, 26 A. 484, 1893 Vt. LEXIS 40 (1893).

§ 752. Court may refuse to appoint commissioners.

When, within five years from the date of the petition, two prior petitions have been brought for substantially the same purpose, and the appointed commissioners’ report was adverse to the petition, the court may refuse to appoint commissioners and may dismiss the petition.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 463 .

§ 753. Hearing by commissioners.

The commissioners shall appoint a time and place for examination and hearing, give notice to one or more selectboard members and to persons owning or interested in the land through which the highway may be laid, examine the premises, and inquire into the convenience and necessity of the highway in the same manner as the selectmen, following the requirements of section 709 of this title.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard members” for “of the selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 464 .

ANNOTATIONS

Cited.

Cited in Hansen v. Town of Charleston, 157 Vt. 329, 597 A.2d 321, 1991 Vt. LEXIS 174 (1991).

§ 754. Survey; determining damages.

When the commissioners decide to lay out or alter a highway, they shall cause the highway to be surveyed and determine what damages will be sustained by the persons interested in the lands after notifying the persons of the time and place of the hearing. The expenses of making the survey shall be included in the commissioners’ accounts and allowed by the court.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 465 .

Annotations From Former § 465

Notice requirements.

Where the commissioners had decided that a highway ought to be laid out, it would be error for them to proceed to ascertain what damages should be awarded to the owners of the land through which the road passed without giving notice to the town, as well as to the owners of the land. Town of Thetford v. Kilburn, 36 Vt. 179, 1863 Vt. LEXIS 58 (1863).

§ 755. Petitioners especially benefited.

When the commissioners determine that the petitioners or some of them, will be especially benefited, they may make their decision to lay out the highway conditional upon the payment by the petitioners benefited of money, in the amount as the commissioners deem just, towards the expense of laying out and building the highway. They shall include a statement of the names of the parties benefited and the amount apportioned to each in their report to the Superior Court.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 466 .

Cited.

Cited in Hansen v. Town of Charleston, 157 Vt. 329, 597 A.2d 321, 1991 Vt. LEXIS 174 (1991).

Annotations From Former § 466

Conditioning of approval upon contribution by nonparty.

Where the commissioners found that the public good and convenience required the establishment of a highway, and they further found that a person who was not a petitioner was the real party in interest and that he was so benefited by it that its establishment ought to be conditional upon his contributing to its construction, and recommended that it be established upon that condition, and the person submitted to the judgment of the court establishing the highway in accordance with the report, no injustice was done. Hancock v. Town of Worcester, 62 Vt. 106, 18 A. 1041, 1889 Vt. LEXIS 120 (1889).

§ 756. Filing of report.

When the commissioners have completed their inquiries, they shall report their findings and decision with the survey and appraisal of damages, if any. The report shall be returned to and filed in the county clerk’s office within 30 days after the completion of the inquiry.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 467 .

ANNOTATIONS

Cited.

Cited in Hansen v. Town of Charleston, 157 Vt. 329, 597 A.2d 321, 1991 Vt. LEXIS 174 (1991).

§ 757. Filing of survey and appraisal.

The commissioners shall also file a copy of the survey and the appraisal of damages in the town clerk’s office at the time of filing their report in the Superior Court.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 468 .

§ 758. Opposing report.

The town or any interested person may appear before the court to oppose the acceptance of the report by showing any relevant facts.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 469 .

Annotations from Former § 469.

Persons entitled to object to report.

When the commissioners had filed their report laying out a highway, any landowner through whose lands it had been laid could appear and object to acceptance of the report and establishment of the highway. Reynolds v. Village of Barre, 63 Vt. 541, 22 A. 596, 1891 Vt. LEXIS 151 (1891).

§ 759. Orders on report; costs.

The court may reject or accept the report in whole or in part, and by its order or decree establish, alter, or discontinue the highway, in whole or in part, and render judgment for or against the town in favor of the persons interested in the lands and for the damages they have severally sustained. If the petition is wholly granted, or wholly rejected, the court shall assign costs accordingly, or if otherwise, may assign costs as appears just.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 470 .

Commissioners’ report.

In reclassification of highway proceedings an appeal from selectmen’s decision is made to Superior Court and must be referred to three disinterested commissioners to inquire into the convenience and necessity of the proposal and report to the court; the court may reject or accept the commissioners’ report in whole or in part and render an order or decree with respect to the issue before it. Hansen v. Town of Charleston, 157 Vt. 329, 597 A.2d 321, 1991 Vt. LEXIS 174 (1991).

Discretion of court.

Although selectmen are given broad authority over town roads, in reclassification cases the Legislature has placed selectmen in quasi-judicial role to hear classification petitions, with appellate jurisdiction over their action in the Superior Court; the selectmen can adopt reclassification policies to determine their action, but those policies do not bind the Superior Court in exercising its discretionary power in a practical manner, and not by technical rules. Hansen v. Town of Charleston, 157 Vt. 329, 597 A.2d 321, 1991 Vt. LEXIS 174 (1991).

Annotations From Former § 470

Role of court.

The propriety and necessity of establishing a highway in a particular place was a question of fact which, in the last resort, was to be determined exclusively by the county court. Pillsbury v. Town of Wheelock, 130 Vt. 242, 290 A.2d 42, 1972 Vt. LEXIS 263 (1972).

In county court proceedings to lay out a highway, the propriety and necessity of establishing a highway in a particular place was a question of fact which, in the last resort, was to be determined exclusively by the county court. Bolles v. City of Montpelier, 93 Vt. 513, 108 A. 565, 1920 Vt. LEXIS 160 (1920).

§ 760. Order to require payment to town.

When the report makes the laying out of the highway conditional upon the payment of part of the expense by the petitioners especially benefited, the order laying out the highway shall require payment to the town within a stated time.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 471 .

Subchapter 6. Time for Opening of Road

CROSS REFERENCES

Proceedings in Superior Court for alteration or laying out of highways generally, see chapter 7, subchapter 5 of this title.

§ 765. Time limits.

When the Supreme or Superior Court orders a highway to be laid out or altered, it shall fix the time within which owners of lands taken shall remove their buildings, fences, timber, wood, and trees, and open the land for working, and the time when it shall be opened to be occupied; which time, without consent of the owner, shall not be less than two months, nor less than six months if the lands taken have buildings. The court may order sections of a highway to be completed in different times as circumstances may require, but the whole period shall not be less than one year. When the court orders the building of a bridge, it shall fix the time within which it shall be completed, which shall not be less than six months.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 501 .

CROSS REFERENCES

Fixing of time for opening of road by Superior Court, see § 743 of this title.

§ 766. Extension of time.

The selectboard of a town in which a highway or bridge is ordered to be built may apply by petition to the court making the order to extend the time for completing the highway or bridge. Notice shall be given to one or more of the original petitioners for the highway or bridge, and one or more of the selectboard of any other town, in which the highway or bridge is partly located, by serving the petition on them with a citation for that purpose, at least 12 days before the term of the court to which the petition is returnable, and the court may extend the time as the circumstances of the case require.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” in two places in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 502 .

Subchapter 7. Discontinuance of Highways

CROSS REFERENCES

Laying out, altering, reclassifying, or discontinuing highways generally, see chapter 7, subchapter 2 of this title.

Duties of selectboard as to town highways generally, see § 304 of this title.

Highways involving two or more towns, see chapter 7, subchapter 9 of this title.

Damages generally, see chapter 7, subchapter 10 of this title.

§ 771. Procedure.

  1. The legislative body of a municipality may discontinue a town highway after following the procedures of sections 708-711 of this title. The authority of the legislative body under this subsection shall extend to any town highway, regardless of whether the highway was originally laid out by the town, the former county court, the Supreme Court, a committee of the General Assembly, a turnpike company, or was established in any other manner now or formerly authorized by law.
  2. Notwithstanding subsection (a) of this section, the legislative body shall not discontinue a class 1 or class 2 town highway without the prior approval of the Secretary of Transportation.
  3. Notwithstanding subsection (a) of this section, the legislative body shall not discontinue a class 3 or class 4 town highway extending into an adjacent municipality without notifying the legislative body of the adjacent municipality. If the legislative body of the adjacent town is aggrieved by a decision of the legislative body of the municipality in which the highway is located, it may appeal to the Transportation Board pursuant to subdivision 5(d)(9) of this title.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 2005, No. 178 (Adj. Sess.), § 6.

History

Revision note

—2011. Changed reference to subdiv. 5(d)(8) in subsec. (c) of this section to subdiv. 5(d)(9) in light of the redesignation of subdiv. 5(d)(8) as subdiv. 5(d)(9) by 2007, No. 75 , § 36.

Amendments

—2005 (Adj. Sess.). Section amended generally.

Prior law.

19 V.S.A. §§ 531 , 681.

ANNOTATIONS

Effect of appeal.

An order of discontinuance of a highway made by the selectmen was vacated by an appeal to a county court, and the highway was reinstated to its former existence. Town of Shrewsbury v. Davis, 101 Vt. 181, 142 A. 91, 1928 Vt. LEXIS 140 (1928).

The pendency of an appeal in a county court from an order of the selectmen discontinuing a highway did not prevent the county road commissioners from ordering repairs to the highway since the question of repairing the road was entirely outside the scope of such proceedings. Town of Shrewsbury v. Davis, 101 Vt. 181, 142 A. 91, 1928 Vt. LEXIS 140 (1928).

Finality of decisions.

Petitions for laying out and discontinuing highways were not proceedings wherein a former adjudication could be asserted as working an estoppel, as in an ordinary action at law, because such petitions were addressed largely to the discretion of the court. Ferguson v. Town of Sheffield, 52 Vt. 77, 1879 Vt. LEXIS 150 (1879).

Judicial review of decision.

The appellate jurisdiction of the county court in an appeal from the action of selectmen in discontinuing a highway was confined to the decree or order made by the selectmen from which the appeal was taken. Town of Shrewsbury v. Davis, 101 Vt. 181, 142 A. 91, 1928 Vt. LEXIS 140 (1928).

Powers of selectmen.

The selectmen constituted an inferior tribunal having certain quasi-judicial powers with special and limited jurisdiction as to the matter of discontinuing certain highways, and their powers in such respect were confined to the classes there specified. Town of Shrewsbury v. Davis, 101 Vt. 181, 142 A. 91, 1928 Vt. LEXIS 140 (1928).

Cited.

Cited in Gilmour v. State, 141 Vt. 640, 450 A.2d 1153, 1982 Vt. LEXIS 573 (1982); Traders, Inc. v. Bartholomew, 142 Vt. 486, 459 A.2d 974, 1983 Vt. LEXIS 427 (1983).

§ 772. Service of petition; costs.

When a petition is made to the Superior or Supreme Court to discontinue a highway laid out by commissioners appointed by either of the courts, which has not been built agreeably to the orders of the court, the petition shall be served on one or more of the original petitioners for the laying of the highway, as well as on one or more selectboard members of the town or towns through which the highway is laid, or the petition, on motion, shall be dismissed. If commissioners are appointed and report adversely to the request of the petition, the original petitioners shall, in the discretion of the court, be entitled to costs.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard members” for “of the selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 532 .

CROSS REFERENCES

Duties of commissioners appointed by Supreme or Superior Court, see § 706 of this title.

§§ 773, 774. Repealed. 2005, No. 178 (Adj. Sess.), § 7.

History

Former §§ 773, 774. Former § 773, relating to county highways, was derived from 1985, No. 269 (Adj. Sess.), § 1.

Former § 774, relating to highways ordered by the General Assembly, was derived from 1985, No. 269 (Adj. Sess.), § 1.

§ 775. Title to discontinued highway.

The selectboard shall notify the Commissioner of Forests, Parks and Recreation when it has filed a petition to discontinue a highway under this subchapter. The selectboard may designate the proposed discontinued highway as a trail, in which case the right-of-way shall be continued at the same width. The Commissioner of Forests, Parks and Recreation with the approval of the selectboard may also make this designation. If the discontinued highway is not designated as a trail, the right-of-way shall belong to the owners of the adjoining lands. If it is located between the lands of two different owners, it shall be returned to the lots to which it originally belonged, if they can be determined; if not, it shall be equally divided between the owners of the lands on each side.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen”; “it has” for “they have”; and “the selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 535 .

CROSS REFERENCES

Widths of highways and trails generally, see § 702 of this title.

Annotations From Former § 535

Application.

The land where a highway had been maintained was to belong to the owner of the lands on both sides of the highway if they were held by a common owner, but if they were held by different owners, they were to belong to the lot from which they were originally taken, if that fact could be determined; otherwise, they were to be divided equally, with half to each abutting ownership. Murray v. Webster, 123 Vt. 194, 186 A.2d 89, 1962 Vt. LEXIS 223 (1962).

§ 776. Damages for highways discontinued before completion.

When a public highway is laid out and damages are assessed to the owners of the land or rights acquired and the highway is legally discontinued before being worked or opened, the assessment of damages shall become void. Damages from the laying out, less actual damages accrued before discontinuance, shall be returned to the town. Actual damages before discontinuance shall be established by the selectboard using the procedure in section 923 of this title. Thereafter, title to the land shall be returned to the original landowner or his or her assigns.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. §§ 536-538 .

CROSS REFERENCES

Damages generally, see chapter 7, subchapter 10 of this title.

Annotations From Former § 536

Prior law.

Before enactment of this provision, discontinuance of a highway before it was built did not affect the judgment of a landowner for his land damages. Kent v. Wallington, 42 Vt. 651, 1870 Vt. LEXIS 22 (1870).

Subchapter 8. Neglect of Town to Build Highways or Bridges

CROSS REFERENCES

Proceedings in Superior Court for laying out of highways generally, see chapter 7, subchapter 5 of this title.

Liability of towns for failure to make repairs, see chapter 9, subchapter 8 of this title.

§ 781. Assessment.

When a town does not perform the order of the Supreme or Superior Court as to building a highway or building a bridge, the court may, on application, assess the town a sum sufficient to build and complete the highway or bridge. The assessment shall be spent in building the highway or bridge under the direction of a commissioner to be appointed by the court.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 571 .

CROSS REFERENCES

Duties of commissioners appointed by Supreme or Superior Court, see § 706 of this title.

§ 782. Application; service of citation.

The application may be made by one or more of the original petitioners for the highway or bridge within three years from the expiration of the time prescribed by the court order for the performance, and, with a citation, shall be served on one of the selectmen of the town to be proceeded against, within 21 days from the date of the application, notifying the town to appear and show cause why the request of the application should not be granted.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 572 .

§ 783. Trial by jury; costs.

The town may have a trial by jury regarding its neglect to perform the order of the court and the court may award costs to either party.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 573 .

§ 784. Suspension of assessment upon discontinuance of highway or bridge.

When a highway or bridge established by a court is discontinued in whole or in part and before the assessment under section 781 of this title has been spent according to the court order, the town assessed may apply to have the court suspend the collection of the assessment in whole or in part and order the assessment in whole or in part to be spent for building any highway or bridge that the town is liable to build.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note—

In the section heading, substituted “assessment” for “fine” to conform with the text of the section.

Prior law.

19 V.S.A. § 574 .

CROSS REFERENCES

Damages for highways discontinued before completion, see § 776 of this title.

Subchapter 9. Highways Involving Two or More Towns

CROSS REFERENCES

Laying out, altering, reclassifying, or discontinuing highways generally, see chapter 7, subchapter 2 of this title.

Neglect of town to build highways or bridges, see chapter 7, subchapter 8 of this title.

Maintenance and repair of highways and bridges generally, see chapter 9 of this title.

§ 790. Laying out highway or bridge on or near line between two towns.

The selectmen of two adjoining towns may, by agreement, lay out, reclassify, or discontinue a highway on the line between the towns, or erect a bridge over a stream between the towns, if a majority of the selectmen of each town assent.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. §§ 631 , 681.

CROSS REFERENCES

Petition to Superior Court for erection of bridge, see § 796 of this title.

Annotations From Former § 681

Generally.

The procedure to be followed in laying out or discontinuing a highway is wholly statutory and the method prescribed must be substantially complied with or the proceedings will be void. Town of Barton v. Town of Sutton, 93 Vt. 102, 106 A. 583, 1919 Vt. LEXIS 142 (1919); In re Mattison & Bentley, 120 Vt. 459, 144 A.2d 778, 1958 Vt. LEXIS 125 (1958).

§ 791. Apportioning expenses.

When a highway is or has been previously laid out on the line between the towns, they may agree as to what part of the highway shall be built and repaired and what share of the damages paid by each town. When a bridge is so erected, they may agree upon the proportion that each town shall pay towards making and keeping it in repair.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 632 .

§ 792. Petition to selectboard.

When the public good or convenience of the inhabitants requires a highway to be laid out, altered, reclassified, or discontinued on, or intersecting the line between two towns, or a bridge across a stream between two towns to be built, persons who are either voters or landowners, and whose number is at least five percent of the voters, of the towns may petition, in writing, the selectboard of either town to lay out, alter, reclassify, or discontinue the highway, or build the bridge. The selectboard presented with the petition shall notify the selectboard of the other town. The two boards shall establish a time for hearing, and shall give notice of it.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” in the section heading and throughout in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. §§ 633 , 634.

§ 793. Proceedings by selectmen.

The selectmen shall proceed in the same manner as the selectmen of one town in laying out highways or building bridges. A copy of their findings shall be filed with the clerk of each town within six months from the time of final hearing on the application and their order and surveys shall be recorded in each town clerk’s office and their decision shall be binding on their respective towns.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 635 .

§ 794. Highway near but not on line between towns.

  1. When the public good or the convenience of the inhabitants requires a highway to be laid out, reclassified, or altered so that it shall be near the line between two towns instead of on the town line, on account of the position of the land or nature of the soil over which it is laid, and, when both towns are benefited in a similar manner as though the highway were on the line, the highway may be laid out, reclassified, or altered by the selectboard or the Superior Court, on the report of commissioners. The damages and expenses of making and repairing the highway may be apportioned and the same proceedings shall be followed as provided in case of laying out, reclassifying, and altering highways on the line between two towns.
  2. When the selectboard of the towns are petitioned as provided in this chapter and do not lay out, alter, reclassify, or discontinue a highway on or near a line between two towns, individuals who are either voters or landowners, and whose number is at least five percent of the voters, of the towns may apply to the Superior Court. The court shall inquire and render judgment using the same proceedings as in the case of a highway extending into or through two or more towns. The court may inquire of and receive recommendations from a commissioner or commissioners, but the court shall issue the order. The court shall direct in its order which part of the highway each town shall make, or repair, or reclassify, and what damages shall be paid by each, if a highway is made or altered.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20 , § 97.

History

Amendments

—2021. Designated former provisions of the section as subsecs. (a) and (b).

Subsec. (a): Substituted “selectboard” for “selectmen” in the first sentence.

Subsec. (b): Substituted “selectboard” for “selectmen” and “individuals” for “persons” in the first sentence and inserted “the” preceding “case of a highway” in the second sentence.

Prior law.

19 V.S.A. §§ 637 , 638.

CROSS REFERENCES

Neglect of town to build highways or bridges, see chapter 7, subchapter 8 of this title.

Damages generally, see chapter 7, subchapter 10 of this title.

Annotations From Former §§ 637, 638

Application.

The statute, authorizing apportionment of the expense of building or maintaining a highway laid out near the line between two towns instead of on such line by reason of position of the land or nature of the soil, applied equally to a highway laid out on such line, but constructed at a little distance therefrom for the same reasons of convenience. Town of Glover v. Carpenter, 70 Vt. 278, 40 A. 730, 1898 Vt. LEXIS 39 (1898).

The jurisdiction of the county court under the statute was appellate, and attached only if the selectmen of the respective towns did not lay out a road upon petition to them. Parker v. East Montpelier, 59 Vt. 632, 10 A. 463, 1887 Vt. LEXIS 142 (1887).

Construction.

As used in the statute, the term highway included bridges. Town of Glover v. Carpenter, 70 Vt. 278, 40 A. 730, 1898 Vt. LEXIS 39 (1898).

§ 795. Town not assessed for highway in another town.

A town shall not be assessed for the expense of building or maintaining any highway in another town, except as provided by this title.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 639 .

§ 796. Petition by selectmen.

When a bridge is required between two towns and the selectmen of the towns do not agree to build it, the selectmen of either town may petition the Superior Court. The petition and citation shall be served on one or more of the selectmen of the other town and the same proceedings shall be had as though application had been made by persons who are either voters or landowners, and whose number is at least five percent of the voters.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 651 .

Subchapter 10. Provisions Relating to Damages

CROSS REFERENCES

Appeals from selectboard’s award of damages, see chapter 7, subchapter 3 of this title.

Petition to Superior Court, see chapter 7, subchapter 4 of this title.

Awards of damages by Superior Court upon failure of selectboard to act, see § 759 of this title.

Neglect of town to build highways or bridges, see chapter 7, subchapter 8 of this title.

§ 808. Payment of damages.

When a court orders damages to be paid to a person for injury done to his or her lands by laying out or altering a highway, it may allow the town a reasonable time to pay the damages, not exceeding the time allowed for opening the highway. If the sum allowed is not paid within the time limited, the clerk of the court shall issue execution for the sum.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 761 .

CROSS REFERENCES

Time for opening of highway generally, see chapter 7, subchapter 6.

Annotations From Former § 761

Right to execution.

When the time fixed for paying land damages had expired and they had not been paid, the claim therefor had a perfected judgment against the town, upon which the land owner was entitled to execution immediately. Kent v. Wallington, 42 Vt. 651, 1870 Vt. LEXIS 22 (1870).

§ 809. Value of discontinued highway.

When a discontinued highway belongs to the owner of land through which a highway is laid out, the value may be taken into consideration in estimating the damages sustained by the owner.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 831 .

§ 810. Allowance lands.

When a lot of land remains entire, as originally divided among the proprietors of a town, and is owned by one person, or jointly, to which a quantity of land was allowed for the use of highways more than has been taken up by highways already laid out, and a highway is laid through the lot, the allowance land may be taken into consideration in estimating the damages sustained by the owner.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 832 .

§ 811. Benefits to landowner considered.

In estimating the damages sustained by a person owning or interested in lands, by reason of laying out or altering a highway, the benefits which the person may receive shall be taken into consideration.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 833 .

CROSS REFERENCES

Procedure where petitioners for laying out or alteration of highway especially benefited, see § 755 of this title.

Annotations From Former § 833

Constitutionality.

The statute was not repugnant to Chapter II, Article 2 of the Vermont Constitution.Livermore v. Town of Jamaica, 23 Vt. 361, 1851 Vt. LEXIS 39 (1851).

Subchapter 11. Community Service Areas

CROSS REFERENCES

Picnic areas and parking places, see § 21 of this title.

§ 816. Access roads; State aid; application.

When after hearing on a petition or on their own motion, the selectboard finds that the convenience of the inhabitants and the public good require that a highway be laid out or altered to provide access to a recreational, industrial, or community service area and that the estimated costs of taking land for constructing the highway exceed the amount available to the town for highway construction for the preceding two years, the selectboard may apply in writing to the Board for additional money to construct the highway. A “community service” area is one having an institution or facility for providing legally authorized educational, social, or welfare services to the public such as schools, hospitals, medical centers, or nursing homes.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “the selectboard finds” for “selectmen find” and “the selectboard” for “they” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 351 .

§ 817. Application; contents.

In its application under section 816 of this title, the selectboard shall show:

  1. the general location of the proposed highway;
  2. the nature and ownership of lands to be affected;
  3. the plans for the development of the area to be served by the highway;
  4. the anticipated effect of the business or facility to be served on the economy of the town and the State and on the health, safety, transportation, education, and convenience of the public;
  5. the consistency of the plans with town, regional, and State planning and zoning requirements;
  6. if the town does not have a comprehensive plan or a zoning ordinance, any other provisions for regulating the use of land adjacent to the highway;
  7. the land dedicated and funds available from town taxes and private contributions for acquiring land and constructing the highway;
  8. the financial arrangements and responsibility of the person or municipality proposing to construct the facility in the area;
  9. what other town boards and officials have been consulted relative to the proposed development and their comments and criticisms; and
  10. all other facts reasonably pertinent to establish the necessity for laying out and constructing the proposed highway.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” and “its” for “their” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 352 .

§ 818. Transportation Board; action.

When the Board receives an application for additional State money for constructing an access road, it shall immediately cause studies and estimates to be made to determine whether the proposed highway can be constructed according to accepted engineering standards on or near the proposed location and the cost, and whether the plans for the area, according to accepted engineering and other standards, adequately provide for vehicular and other traffic, for parking, for public utilities, and for emergency services. Upon completion of the studies, the Board shall send at least two copies of its report and recommendations to the applicant town and, upon request, to the General Assembly.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 353 .

§ 819. Other investigation.

The applicant town should also consult with such other agencies or departments of State government, including the Agency of Commerce and Community Development, the Department of Health, and the Department of Forests, Parks and Recreation, as may be necessary to furnish the General Assembly with complete information as to the effect of the proposed highway and the development of the facilities upon the community and the State. Whenever a town informs one of those departments or agencies that it has applied for funds under this subchapter and needs assistance to develop the information needed to support the advisability of constructing the highway, that department or agency promptly shall investigate the proposal and provide a complete report to the town. Upon request, a copy shall be provided to the General Assembly.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1995, No. 190 (Adj. Sess.), § 1(a); 2021, No. 20 , § 98.

History

Amendments

—2021. Deleted “but not limited to” following “including” and substituted “Department of Health” for “health department” in the first sentence.

—1995 (Adj. Sess.) Substituted “agency of commerce and community development” for “agency of development and community affairs” in the first sentence.

Prior law.

19 V.S.A. § 354 .

Chapter 9. Repairs, Maintenance, and Improvements

CROSS REFERENCES

Liability for insufficiency of bridges or culverts on highways taken over by the State, see §§ 23-25 of this title.

Town highways generally, see chapter 3 of this title.

Laying out, discontinuing, and reclassifying, see chapter 7 of this title.

Protection of highways generally, see chapter 11 of this title.

Construction or improvement of highways using federal funds, see chapter 15 of this title.

Subchapter 1. General Duties of Towns

CROSS REFERENCES

Enforcing repairs generally, see chapter 9, subchapter 7 of this title.

Liability of towns for failure to make repairs, see chapter 9, subchapter 8 of this title.

§ 901. Removal of roadside growth.

Except for work that is part of the Transportation Program under section 10g of this title:

  1. A person shall not remove shade trees, as defined in 24 V.S.A. § 2501a , without prior approval of the tree warden pursuant to 24 V.S.A. chapter 67.
  2. A person, other than the abutting landowner or municipality, shall not cut, trim, remove, or otherwise damage any grasses, shrubs, vines, or trees growing within the limits of a town highway without first obtaining the consent of the legislative body.
  3. A person, other than the Agency or the abutting landowner, shall not cut, trim, remove, or otherwise damage any grasses, shrubs, vines, or trees growing within the limits of lands subject to any ownership interest held by the Agency without first obtaining the Agency’s written consent.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 2019, No. 171 (Adj. Sess.), § 3, eff. Nov. 1, 2020; 2021, No. 20 , § 99.

History

Amendments

—2021. Subdiv. (2): Substituted “obtaining” for “having obtained” at the end of the subdiv.

—2019 (Adj. Sess.). Section amended generally.

Prior law.

19 V.S.A. § 1003 .

§ 902. Penalty for removal.

  1. A person, other than the Agency, the abutting landowner, the municipality, or the tree warden, who willfully or maliciously cuts, trims, removes, or otherwise damages trees within the limits of a State highway or municipal right-of-way shall be fined pursuant to 13 V.S.A. § 3602 , unless the person has obtained prior written consent from the Agency, municipality, or tree warden.
  2. A person, other than the Agency, the abutting landowner, the municipality, or the tree warden, who willfully or maliciously cuts, trims, removes, or otherwise damages grasses, shrubs, or vines within highway limits in violation of section 901 of this title shall be fined not more than $100.00 nor less than $10.00, for each offense, unless the person has obtained prior written consent from the Agency or municipality.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 2019, No. 171 (Adj. Sess.), § 3, eff. Nov. 1, 2020.

History

Amendments

—2019 (Adj. Sess.). Section amended generally.

Prior law.

19 V.S.A. § 1004 .

§ 903. Agreements for planting.

The Agency or the selectboard may enter into agreements with individuals or organizations who wish to plant grasses, shrubs, vines, trees, or flowers within highway limits.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “board of selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 1005 .

§ 904. Tree and brush removal.

The legislative body of a municipality, if necessary, shall cause to be cut and burned, or removed from within the limits of the highways under its care, trees and bushes that obstruct the view of the highway ahead or that cause damage to the highway or that are objectionable from a material or scenic standpoint. Trees that have been set out or marked by the abutting landowners and shade trees that have been designated pursuant to 24 V.S.A. chapter 67 shall be preserved if the usefulness or safety of the highway is not impaired. Young trees standing at a proper distance from the roadbed and from each other, and banks and hedges of bushes that serve as a protection to the highway or add beauty to the roadside, shall be preserved. On State highways, the Secretary shall have the same authority as the legislative body.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 2019, No. 171 (Adj. Sess.), § 3, eff. Nov. 1, 2020.

History

Revision note

—2021. Substituted “its” for “their” following “highways under” in the first sentence to correct a grammatical error.

Amendments

—2019 (Adj. Sess.). Section amended generally.

Prior law.

19 V.S.A. § 1006 .

ANNOTATIONS

Maintenance.

When in addition to tree cutting along a half-mile section of a road, a town made some improvements to the ditching, brought in 164 dump-truck loads of gravel, and widened a portion of the road, without any blasting or installation of culverts, these changes qualified as maintenance and did not add up to an alteration. As such, the town did not need to perform a survey. Hamilton v. Town of Holland, 2007 VT 133, 183 Vt. 247, 950 A.2d 1183, 2007 Vt. LEXIS 340 (2007).

§ 905. Construction of sidewalks, bicycle paths, and footpaths.

The legislative body of a municipality may construct and maintain suitable footpaths, bicycle paths, or sidewalks, or any combination of these, within the limits of town highways where they do not conflict with travel on the highway. Permission may be granted by the Agency for the construction and maintenance of these facilities on State highways.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61 , § 14, eff. June 3, 1993.

History

Amendments

—1993. Inserted “bicycle paths” following “sidewalks” in the section heading, substituted “legislative body of a municipality” for “selectmen” preceding “may construct”, and substituted “bicycle paths or” for “and/or” preceding “sidewalks” and inserted “or any combination of these” thereafter.

Prior law.

19 V.S.A. § 1010 .

CROSS REFERENCES

Bicycle routes and sidewalks, see chapter 23 of this title.

§ 905a. Curb cuts and ramps.

All newly constructed intersections or curbs in the State used by pedestrians shall be constructed with curb cuts or ramps that enable persons with ambulatory disabilities to have access to the sidewalk. Specifications for design of curb cuts or ramps shall be in accordance with the American National Standards Institute. All curb cuts or ramps in the State shall be of a uniform design where practical.

HISTORY: Added 1985, No. 138 (Adj. Sess.), § 3; amended 2013, No. 96 (Adj. Sess.), § 118.

History

Revision note—

This section was originally enacted as section 53 of this title but was redesignated in order to incorporate the provision in the recodification of the title.

Amendments

—2013 (Adj. Sess.). Substituted “disabilities” for “handicaps” following “ambulatory”.

§ 905b. Crosswalks.

All crosswalk markings shall be of uniform color, dimension, and location and be in conformance with the U.S. Department of Transportation Federal Highway Administrations’ Manual on Uniform Traffic Control Devices.

HISTORY: Added 1985, No. 138 (Adj. Sess.), § 2; amended 2003, No. 151 (Adj. Sess.), § 4.

History

Revision note—

This section was originally enacted as section 52 of this title but was redesignated in order to incorporate the provision in the recodification of the title.

In the first sentence, substituted “on” for “of” following “manual” to correctly name the referenced manual.

Amendments

—2003. Deleted the second sentence.

CROSS REFERENCES

Procedure for adoption of administrative rules, see 3 V.S.A. chapter 25.

§ 905c. Audible traffic signals.

Audible warning signals shall be installed at all intersections with an exclusive walk cycle where new traffic light systems are installed. As used in this section, “audible” means a signal that is sufficiently loud as to be heard when the traffic conditions in a particular location are considered.

HISTORY: Added 1985, No. 138 (Adj. Sess.), § 1.

History

Revision note—

This section was originally enacted as section 51 of this title but was redesignated in order to incorporate the provision in the recodification of the title.

§ 906. Penalties.

A person who willfully drives over or parks or otherwise impedes normal use on a sidewalk or footpath, except where it is necessary to cross the sidewalk for the purpose of entering private grounds, shall be fined not more than $25.00 nor less than $5.00.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20 , § 100.

History

Amendments

—2021. Substituted “willfully” for “wilfully” in the beginning of the subdiv.

Prior law.

19 V.S.A. § 1012 .

Subchapter 2. Repairs with Other Towns

§ 910. Union of towns for highway improvements.

Two or more municipalities, by vote of their respective boards of aldermen and selectboards, may unite for the purpose of improving or repairing any portion of a highway passing into or through each of them. When a union has been effected, the officials of the respective municipalities shall constitute a joint committee that shall be the agent of the several municipalities and may appoint one person to supervise the actual work.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboards” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 1121 .

§ 911. Apportionment of expense.

The expenses incurred may be apportioned as agreed upon by the committee before the work is begun. Each board named may accept donations for the work. A town or city shall not spend more than one percent of its grand list in any one year, unless a larger sum has been voted at a regular or special meeting warned for that purpose.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1122 .

CROSS REFERENCES

Annual appropriations generally, see §§ 306 and 307 of this title.

Subchapter 3. Materials and Machines

§ 916. Obtaining gravel within road limits.

A town may take gravel, earth, stone, or other material, needed to repair or build highways, that lies within the limits of the highway, whether the material is to be used at the place where taken or elsewhere on town highways.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1091 .

Subchapter 4. Warning Signs

CROSS REFERENCES

Warning signs at throughway intersections, see § 28 of this title.

Cattle crossing signs, see § 1107 of this title.

Restricted use signs, see § 1110 of this title.

§ 921. School zones.

  1. Municipalities shall erect or cause to be erected on all public highways near a school warning signs conforming to the standards of the Manual on Uniform Traffic Control Devices as provided in 23 V.S.A. § 1025 .
  2. For the purposes of this section and 23 V.S.A. § 1025 , the term “school” shall include school district-operated prekindergarten program facilities owned or leased by a school district.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 2009, No. 123 (Adj. Sess.), § 34.

History

Amendments

—2009 (Adj. Sess.) Section amended generally.

Prior law.

19 V.S.A. § 1211 .

§ 922. Furnishing signs.

The Agency is directed to procure a sufficient number of signs for the use of the several municipalities in carrying out the provisions of section 921 of this title. It shall furnish the signs to the municipalities at cost.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1212 .

§ 922a. Warning signs designating persons with a disability.

Signs designating the presence of a person with a disability shall be erected only with the consent of the individual or guardian.

HISTORY: Added 1985, No. 138 (Adj. Sess.), § 4; amended 2013, No. 96 (Adj. Sess.), § 119.

History

Revision note—

This section was originally enacted as section 54 of this title but was redesignated in order to incorporate the provision in the recodification of the title.

Amendments

—2013 (Adj. Sess.). Substituted “persons with a disability” for “handicapped persons” in section heading and “person with a disability” for “disabled individual” following “presence of a”.

Subchapter 5. Appeals and Minor Alterations

Article 1. General Provisions

History

Revision note—

Sections 923-928 of this subchapter were designated as article 1 of the subchapter to conform with V.S.A. style and existing articles 1-4 of the subchapter were redesignated as present articles 2-5 in light of the addition of present article 1.

CROSS REFERENCES

Alterations of highways generally, see chapter 7 of this title.

§ 923. Quasi-judicial process.

In order to protect the rights of interested persons and the public, the process described in this section shall be used whenever so provided by other provisions of this title. As used in this section, “interested person” means a person who has a legal interest of record in the property that would be affected by the proposed action.

  1. Notice.   The selectboard shall give written notice by certified mail or by one of the methods allowed by Rule 4 of the Vermont Rules of Civil Procedure for service of original process to any interested person describing the proposed activity affecting the property. The notice shall include a date and time when the selectboard shall inspect the premises. The notice shall precede the inspection by 30 days or more except in the case of an emergency.
  2. Inspection of premises.   The selectboard shall view the area and receive any testimony pertinent to the problem, including suggested awards for damages, if any.
  3. Necessity.   The selectboard shall decide on the necessity for the activity or work proposed and establish any conditions for accomplishing it. This includes the award of damages, if applicable. The selectboard shall announce the decision and the reason for it within 10 days of the inspection unless the selectboard formally delays the proceeding in order to receive more testimony.
  4. Notifying parties.   The selectboard shall notify the interested persons and other interested parties of its decision. It shall file a copy of its decision with the town clerk within 10 days of its announcement.
  5. Appeal.   If an interested person is dissatisfied with the award for damages, he or she may appeal using any of the procedures listed in chapter 5 of this title. Notice or petition for appeal shall not delay the proposed work or activity.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 2015, No. 158 (Adj. Sess.), § 24.

History

Revision note

—2021. In subdiv. (4) substituted “its” for “their” preceding “decision” in the first and second sentences and “It” for “They” preceding “shall file” in the second sentence to correct grammatical errors.

Amendments

—2015 (Adj. Sess.). Introductory language: Substituted “interested persons” for “property owners” in the first sentence and inserted “that would be affected” following “property” and “by the proposed action” following “affected” in the second sentence.

Subdiv. (1): Amended generally.

Subdiv. (2): Substituted “selectboard” for “selectmen” preceding “shall view”.

Subdiv. (3): Amended generally.

Subdiv. (4): Substituted “selectboard” for “selectmen” preceding “shall notify” and “interested persons” for “property owner” preceding “and other interested” in the first sentence.

Subdiv. (5): Substituted “interested person” for “owner” preceding “is dissatisfied” in the first sentence.

ANNOTATIONS

Cited.

Cited in Silverfine v. Town of Bakersfield, 155 Vt. 554, 586 A.2d 554, 1991 Vt. LEXIS 2 (1991).

§ 924. Change of grade.

The elevation of a highway shall not be changed by cutting down or raising the roadbed in front of a dwelling house or any other building adjacent to the highway more than three feet without following the procedure under section 923 of this title.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. §§ 1052-1057 .

Annotations From Former §§ 1052-1057

Application generally.

Erection over a street of an elevated viaduct, intended for general public travel, constituted a change of grade. Menut & Parks Co. v. Village of St. Johnsbury, 114 Vt. 41, 39 A.2d 342, 1944 Vt. LEXIS 83 (1944).

The statute did not apply to the acts of successive officers, and one ordinary repair could not be added to another and make the result an alteration; to establish liability under the statute, the changes complained of must have been made at one time or according to a fixed plan. Hoyt v. Village of North Troy, 93 Vt. 8, 105 A. 33, 1918 Vt. LEXIS 141 (1918).

A change in the grade of a highway of three feet or less was a matter of repairs and not of alteration. Hoyt v. Village of North Troy, 93 Vt. 8, 105 A. 33, 1918 Vt. LEXIS 141 (1918).

Alteration in the roadbed of a highway began when the lowering or raising of the roadbed exceeded three feet, a change of not more than three feet being regarded as ordinary repairs, and not as alteration of the highway. Collins v. City of Barre, 91 Vt. 343, 101 A. 43, 1917 Vt. LEXIS 254 (1917).

Construction.

The statute, having been enacted for the purpose of curing a defect existing in the law at the time of its passage, was a remedial statute. Menut & Parks Co. v. Village of St. Johnsbury, 114 Vt. 41, 39 A.2d 342, 1944 Vt. LEXIS 83 (1944).

Liability for damages.

Where a roadbed was raised at the instance of the officials of a village and was for the benefit of the village, the village assumed all liabilities incident to such raising, it being immaterial that the actual work and costs might be borne by an outside agency. Menut & Parks Co. v. Village of St. Johnsbury, 114 Vt. 41, 39 A.2d 342, 1944 Vt. LEXIS 83 (1944).

Notice.

Without compliance with the provision for notice to the owners of property abutting a highway of proposed alteration therein by cutting down or raising the roadbed more than three feet, the action of the board of street commissioners in regard to such alteration was without jurisdiction and void so far as the owners of the property in question were concerned, and the record of doings of the commissioners was not constructive notice to subsequent purchaser of property. Collins v. City of Barre, 91 Vt. 343, 101 A. 43, 1917 Vt. LEXIS 254 (1917).

§ 925. Laying fences down.

When the selectboard determines that a highway is liable to be obstructed by snowdrifts, and the fences adjoining the highway can be conveniently laid down, it may cause any portion to be laid down during the winter.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard determines” for “selectmen determine” and “it for “they” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 1191 .

§ 926. Damages; appeal.

The selectboard shall follow the procedures established in section 923 of this title in giving notice, inspecting property, determining need, awarding damages, and satisfying appeals.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Revision note—. In the section heading, added “appeal” to conform with the text of the section.

Prior law.

19 V.S.A. §§ 1192-1194 .

§ 927. Snow fence.

When the selectboard determines that a highway is liable to be obstructed by snowdrifts that may be prevented by erecting a snow fence on land adjoining the highway, and on notice to and hearing of the owner or occupant of the land, it may cause a fence to be built and maintained.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard determines” for “selectmen determine” and “it” for “they” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 1195 .

§ 928. Damages; appeal.

The selectboard shall follow the procedures established in section 923 of this title in giving notice, inspecting property, determining need, awarding damages, and satisfying appeals.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. §§ 1196 , 1197.

Article 2. Floods

CROSS REFERENCES

Diversion of streams, see chapter 9, subchapter 5, article 3 of this title.

Erection of embankments or dikes upon streams, see § 945 of this title.

Construction of drains, ditches, or watercourses, see chapter 9, subchapter 5, article 5 of this title.

§ 935. Relocation of highway.

When a highway is made impassable, or the width reduced to prevent the free and safe passage, by a landslide or washout, or a bridge is swept away by a flood, the selectboard may change the location of the highway or the bridge and may discontinue any resulting unnecessary parts of the old highway. It may take, damage, or affect such land as may be necessary at the location of the slide or washout for the purpose of re-establishing, repairing, rebuilding, or protecting the highway or bridge and may proceed immediately to build or rebuild the highway or bridge and open the highway or bridge for work and travel.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” and “It” for “They” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 1231 .

§ 936. Damages; appeal.

The selectboard shall follow the procedures established in section 923 of this title in giving notice, inspecting property, determining need, awarding damages, and satisfying appeals.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Revision note—. In the section heading, added “appeal” to conform with the text of the section.

Prior law.

19 V.S.A. § 1232 .

Article 3. Diversion of Streams

CROSS REFERENCES

Repair of damages resulting from floods, see chapter 9, subchapter 5, article 2 of this title.

§ 940. Diversion.

When it appears necessary to protect a highway damaged by or expected to be damaged by flood waters or ice jams, the selectboard may change the course of or widen a stream, or provide storage for accumulated ice, and for these purposes may purchase or take the necessary land. It shall follow the procedures established in section 923 of this title in giving notice, inspecting property, determining need, awarding damages, and satisfying appeals.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” and It” for “They” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 1251 .

§ 941. Limitation.

Section 940 of this title shall not authorize the diversion of a stream, so that the value of a mill, manufactory, or machinery propelled by the water of the stream is diminished, without the consent of all interested persons.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1252 .

Article 4. Embankments on Streams

CROSS REFERENCES

Repair of damages resulting from floods, see chapter 9, subchapter 5, article 2 of this title.

§ 945. Proceedings.

When it is necessary for the protection of a highway to erect an embankment or dike upon the banks of a stream, and the owner of the stream or of the lands adjacent will not permit town officials to enter upon the lands for this purpose, or requires them to pay a greater sum than in their judgment they ought to pay, the selectboard may take the land following the procedures established in section 923 of this title.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. §§ 1271-1273 .

Article 5. Drains, Ditches, and Watercourses

CROSS REFERENCES

Repair of damages resulting from floods, see chapter 9, subchapter 5, article 2 of this title.

§ 950. Establishment by selectboard.

Selectboard may lay out, establish, construct, or cause to be constructed and maintained a drain, ditch, or watercourse leading from a highway in the town, across the lands of any person to a watercourse, to carry away the surface water from the highway, or other drainage necessary for public health, if it judges the public good or the necessity or convenience of individuals requires this work.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” in the section heading and “Selectboard” for “Selectmen” and “it judges” for “they judge” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 1291 .

ANNOTATIONS

Maintenance.

When in addition to tree cutting along a half-mile section of a road, a town made some improvements to the ditching, brought in 164 dump-truck loads of gravel, and widened a portion of the road, without any blasting or installation of culverts, these changes qualified as maintenance and did not add up to an alteration. As such, the town did not need to perform a survey. Hamilton v. Town of Holland, 2007 VT 133, 183 Vt. 247, 950 A.2d 1183, 2007 Vt. LEXIS 340 (2007).

§ 951. Damages.

The selectboard shall follow the procedures established in section 923 of this title.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. §§ 1292-1294 .

§ 952. Maintenance.

The town shall properly maintain the drain, ditch, or watercourse and keep it in good and sufficient repair until, upon notice and hearing, it is discontinued.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note—

In the section heading, substituted “Maintenance” for “Construction and maintenance” to conform with the text of the section.

Prior law.

19 V.S.A. § 1295 .

ANNOTATIONS

Maintenance.

When in addition to tree cutting along a half-mile section of a road, a town made some improvements to the ditching, brought in 164 dump-truck loads of gravel, and widened a portion of the road, without any blasting or installation of culverts, these changes qualified as maintenance and did not add up to an alteration. As such, the town did not need to perform a survey. Hamilton v. Town of Holland, 2007 VT 133, 183 Vt. 247, 950 A.2d 1183, 2007 Vt. LEXIS 340 (2007).

Subchapter 6. Laying Out Winter Roads and Lumber Roads

CROSS REFERENCES

Laying fences down, see § 925 of this title.

Erection of snow fences, see § 927 of this title.

§ 955. Winter roads.

When a public highway is so obstructed by snow that travel is impracticable, the selectboard of the town may immediately lay out, prepare, and open a winter highway for travel in place of the obstructed highway. The highway shall be continued only during the winter in which it is laid out.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 321 .

§ 956. Damages.

Before opening a winter highway, the selectboard shall follow the procedures established in section 923 of this title.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. §§ 322 and 323.

§ 957. Preparation for winter highway.

When the selectboard determines that a winter highway is likely to be needed, it may cause preparation to be made, using the same procedures described in section 923 of this title.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard determines” for “selectmen determine” and “it” for “they” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 324 .

§ 958. Laying out roads for removal of lumber.

If it becomes necessary for the practical removal of lumber, wood, or other material to pass through the lands of a person other than those of the owner of the land from which the lumber, wood, or other material is to be removed, the selectboard may lay out a right-of-way through the land of any person for these purposes. The selectboard shall follow the procedures established by section 923 of this title.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” twice in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 325 .

§ 959. Use and discontinuance.

The selectmen may fix the length of time and conditions of use for the right-of-way. They may order it closed or discontinued when in their judgment it is necessary.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 326 .

Subchapter 7. Enforcing Repairs

CROSS REFERENCES

Town liability for neglecting repairs, see chapter 9, subchapter 8 of this title.

§ 970. County road commissioners.

  1. The Superior Court in each county shall appoint three county road commissioners annually, no two of whom shall be residents of the same town.  They shall be sworn to the faithful performance of their duties, and shall hold their office for one year or until their successors are appointed.  The court shall have the power to remove any commissioner for cause at any time and shall fill vacancies.
  2. The county road commissioners may sign subpoenas requiring witnesses to appear before them and administer oaths and shall each receive the sum of $30.00 per day and expenses while attending to the duties of their office.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. §§ 171 and 172.

ANNOTATIONS

Cited.

Cited in Villeneuve v. Town of Essex, 167 Vt. 618, 713 A.2d 815, 1998 Vt. LEXIS 62 (1998) (mem.).

§ 971. Defective roads and bridges; proceedings.

When a highway or bridge is out of repair or unsafe for travel, any three citizens or taxpayers in the State may give written and signed notice of the insufficiency to the selectboard of the town in which the highway or bridge is situated, setting forth in general terms the location of the highway or bridge and the nature of the insufficiency. If the town neglects for 72 hours to respond by either denying the allegation or to commence work upon the highway or bridge, or fails to continue the work in good faith and with reasonable dispatch until the highway or bridge is put in good and sufficient repair, the citizens may file with one of the county road commissioners or the Superior Court for the county in which the highway or bridge is situated a written complaint, signed and sworn to, setting forth in general terms the location of the highway or bridge and the nature of the insufficiency. The complainants shall also give the commissioners security by deposit or otherwise for the costs of proceedings under the complaint.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 1331 .

Construction.

In citizens’ petition for repair of town road, town’s interpretation of statute—that citizens are precluded from direct review of town’s decision not to repair road if town sends letter within 72 hours denying request for repairs—was neither reasonable nor required by plain meaning of statutory language. Villeneuve v. Town of Essex, 167 Vt. 618, 713 A.2d 815, 1998 Vt. LEXIS 62 (1998) (mem.).

Annotations From Former § 1331

Absence of railing.

The want of a railing at a dangerous place on a highway other than a bridge or culvert as required by statute did not constitute an insufficiency under this section rendering the town liable to travelers for damages occasioned thereby. Moody v. Town of Bristol, 71 Vt. 473, 45 A. 1038, 1899 Vt. LEXIS 218 (1899).

Divisibility of claims.

Claims for repairs to be made at two points on a highway 11/2 miles long did not constitute an entire indivisible claim for repairs on that highway; a claim for repairs to be made on 50-rod strip was divisible from a claim for repairs at another washout or washouts on the highway. Town of Shrewsbury v. Davis, 101 Vt. 181, 142 A. 91, 1928 Vt. LEXIS 140 (1928).

Election of remedies.

Remedies relating to reclassification of a highway and to specified repairs subject to a prescribed monetary limit could be pursued concurrently or consecutively and thus were not subject to the doctrine of election of remedies. Gilbert v. Town of Brookfield, 134 Vt. 251, 356 A.2d 524, 1976 Vt. LEXIS 644 (1976).

Status and powers of commissioners.

In proceedings to order repairs upon defective highways, the county road commissioners constituted an inferior tribunal, having quasi-judicial powers. Town of Springfield v. Newton, 115 Vt. 39, 50 A.2d 605, 1947 Vt. LEXIS 74 (1947).

County road commissioners constituted a tribunal which was quasi-judicial in character and, within the scope of its powers, was superior to the selectmen of a town. Town of Shrewsbury v. Davis, 101 Vt. 181, 142 A. 91, 1928 Vt. LEXIS 140 (1928).

§ 972. Notice and hearing.

The commissioners, after receiving the complaint with a deposit or other security, shall promptly notify the selectboard of the town, and one or more of the persons filing the complaint, of the time and place where the commissioners will meet for the examination of the highway or bridge and for conducting a hearing upon the complaint. The commissioners, or a majority of them, shall examine the highway or bridge and hear all interested persons as to whether the public good demands that the highway or bridge be repaired and as to its condition and the repairs necessary to make it safe and convenient for public travel and as to the costs of the required repairs. The deposit or other security shall be refunded if the complaint is valid.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 1332 .

ANNOTATIONS

Cited.

Cited in Villeneuve v. Town of Essex, 167 Vt. 618, 713 A.2d 815, 1998 Vt. LEXIS 62 (1998) (mem.).

§ 973. Report of county commissioners.

If, after the examination and hearing, the commissioners determine that the highway or bridge is out of repair or unsafe for travel, and that the public good demands that the highway or bridge be repaired, they shall determine what work or repairs are necessary. They shall make a written report of their findings, containing a full description of the repairs or work required and a statement of the amount estimated to accomplish it, and shall conclude with an order to the town to make the repairs or perform the work within such time as they judge reasonable. No town shall be required to spend more than $0.20 per $100.00 on its grand list in any one year, including costs of the proceedings. If they determine that the highway or bridge is not out of repair or unsafe for travel, they shall make a written report of this finding.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1333 .

Cited.

Cited in Villeneuve v. Town of Essex, 167 Vt. 618, 713 A.2d 815, 1998 Vt. LEXIS 62 (1998) (mem.).

Annotations From Former § 1333

Election of remedies.

Remedies relating to reclassification of a highway and to specified repairs subject to a prescribed monetary limit could be pursued concurrently or consecutively and thus were not subject to the doctrine of election of remedies. Gilbert v. Town of Brookfield, 134 Vt. 251, 356 A.2d 524, 1976 Vt. LEXIS 644 (1976).

§ 974. Filing report.

The commissioners shall promptly file their report in the office of the clerk of the county in which the highway or bridge is situated and deliver a copy of the report to the selectboard. The report shall be final and conclusive unless an appeal is taken as provided in section 976 of this title.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 1334 .

ANNOTATIONS

Cited.

Cited in Villeneuve v. Town of Essex, 167 Vt. 618, 713 A.2d 815, 1998 Vt. LEXIS 62 (1998) (mem.).

§ 975. Proceedings upon failure to make required repairs.

At the expiration of the time limited for the repairs, without further complaint, and upon notice to the town as they deem reasonable, the commissioners shall determine if their order has been complied with by the town. If they find the town has failed to do the work ordered by them, and no appeal has been taken, they shall promptly appoint an agent to spend upon the highway the amount fixed in their report. They shall cause the agent to give a sufficient bond conditioned for the faithful performance of his or her duties and shall file in the county clerk’s office a certificate, stating that their order had not been complied with, and that judgment should be entered against the town for the amount named in their report, and give the name of the person appointed to spend this amount.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1335 .

ANNOTATIONS

Cited.

Cited in Villeneuve v. Town of Essex, 167 Vt. 618, 713 A.2d 815, 1998 Vt. LEXIS 62 (1998) (mem.).

§ 976. Judgment against town; execution.

The clerk shall file the report and enter judgment in favor of the commissioners against the town for the amount named in the report, with costs. However, the aggrieved party may appeal to the Superior Court by filing with the county clerk, within 21 days after the judgment has been entered by the clerk, a notice of appeal and a certified copy of the complaint filed with the commissioners and by serving upon the appellee, within the 21 days, a copy of the notice of appeal, who shall within 21 days thereafter enter his or her appearance. The Superior Court shall hear the appeal on questions of fact and law and render final judgment. In case an appeal is not taken within 21 days after judgment, the clerk shall issue execution returnable in 30 days from the date of the judgment. In the execution, the collecting officer shall be directed to pay the amount of the judgment to the agent appointed by the commissioners and the costs to the county clerk.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1336 .

CROSS REFERENCES

Review of governmental action, see V.R.C.P. 75.

Cited.

Cited in Villeneuve v. Town of Essex, 167 Vt. 618, 713 A.2d 815, 1998 Vt. LEXIS 62 (1998) (mem.).

Annotations From Former § 1336

Generally.

The county road commissioners, in acting to order repair of a highway, constituted a tribunal exercising judicial powers. Town of Woodstock v. Cleveland, 125 Vt. 510, 218 A.2d 691, 1966 Vt. LEXIS 220 (1966).

Finality of report of commissioners.

The report of the county road commissioners was final if not appealed to county court in the manner prescribed by the statute. Town of Woodstock v. Cleveland, 125 Vt. 510, 218 A.2d 691, 1966 Vt. LEXIS 220 (1966).

§ 977. Agent’s duties and pay.

The agent shall immediately repair the highway or bridge as directed in the report of the commissioners and receive out of the funds paid him or her up to $100.00 per day for his or her services in making the repairs. Any unexpended balance shall be returned to the town treasury. He or she shall make a report of his or her activities to the commissioners within ten days of completing the repairs.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1337 .

§ 978. Liability of agent.

An agent appointed under the provisions of this chapter who willfully or negligently fails to spend the money paid to the agent, or to make return to the commissioners or the court of the amount of money not spent by the agent in making or repairing the highway or bridge, as provided in this chapter, shall be liable to the town in which the highway or bridge is situated in a civil action, for all money paid to the agent and not spent as provided in this chapter.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20 , § 101.

History

Revision note—

Substituted “a civil action” for “an action tort on this statute” following “bridge is situated in” in accordance with 1971, No. 185 (Adj. Sess.), § 236(c) and (d). See V.R.C.P. 2.

Amendments

—2021. Substituted “willfully” for “wilfully” once and “the agent” for “him or her” three times.

Prior law.

19 V.S.A. § 1338 .

§ 979. Road or bridge between towns or counties.

If the defective highway or bridge is on the line between two towns, and both towns are liable to keep the highway or bridge in repair, notice shall be given to both towns, and they shall be jointly liable the same as if the highway or bridge were in one town. Where the highway or bridge complained of is located on the line between two counties, all questions arising under the provisions of this chapter may be tried in the county where the complaint is made.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1340 .

Annotations From Former § 1340

Apportionment of expenses.

The expenses of repairs could be apportioned as the commissioners deemed just, and not necessarily in equal proportions. Town of Glover v. Carpenter, 70 Vt. 278, 40 A. 730, 1898 Vt. LEXIS 39 (1898).

Subchapter 8. Town Liability for Neglecting Repairs

CROSS REFERENCES

Action against State for damage caused by defective bridge or culvert, see §§ 23-25 of this title.

Assessments against towns neglecting to build highways or bridges, see chapter 7, subchapter 8 of this title.

Proceedings in Superior Court for requirement of repairs, see chapter 9, subchapter 7 of this title.

Article 1. Liability of Towns for Damages

§ 985. Injuries from defective bridges and culverts.

  1. If damage occurs to a person, or his or her property, by reason of the insufficiency or want of repair of a bridge or culvert that the town is liable to keep in repair, the person sustaining damage may recover in a civil action.  If the damage accrues in consequence of the insufficiency or want of repair of a bridge erected and maintained by two or more towns, the action shall be brought against all the towns liable for the repairs.  The damage and costs shall be paid by the towns in the proportions in which they are liable for the repairs.  The court may issue execution against any or all towns for their proportion only, provided that the liability to any town shall not exceed $75,000.00 or, where insurance is carried, the maximum policy liability limits, whichever sum is greater, on account of injury to or death of a person and damage to his or her property.
  2. Towns and other corporations shall not be liable for damage to a person or his or her property by reason of the insufficiency or want of repair of a bridge or culvert while traveling on the highway or bridge in violation of the provisions of Title 23 regarding motor vehicle use.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note—

In the first sentence of subsec. (a), substituted “a civil action” for “an action of tort on this statute” following “may recover in” in accordance with 1971, No. 185 (Adj. Sess.), § 236(c) and (d). See V.R.C.P. 2.

Prior law.

19 V.S.A. §§ 1371 and 1375.

Annotations From Former § 1371

Causation.

It was the condition of the culvert as a causative factor that created liability under the statute. Town of South Burlington v. American Fidelity Co., 125 Vt. 348, 215 A.2d 508, 1965 Vt. LEXIS 253 (1965).

In statutory actions for injury resulting from a defective culvert, the cause of the injury must have arisen at the defective culvert or bridge sought to be charged. Thompson v. Town of Stannard, 125 Vt. 140, 211 A.2d 253, 1965 Vt. LEXIS 213 (1965).

A town was not liable for damages sustained by an individual on account of insufficiency and want of repair of a highway or bridge unless such damage was direct, and the insufficiency or want of repair was the proximate cause of the injury; therefore, if a town neglected for an unreasonable time to rebuild a bridge, they would not, on that account, be liable for an injury which was not a proximate or immediate, but only remote, result of the want of a bridge. Hyde v. Town of Jamaica, 27 Vt. 443, 1855 Vt. LEXIS 54 (1855).

Construction of statute generally.

A tile drain traversing a public highway beneath its surface and consisting of an opening or channel through which water flowed was a “culvert” within the meaning of the statute for such a structure was certainly a “sluice,” and “culvert” included “sluice.” Herrick v. Town of Holland, 83 Vt. 502, 77 A. 6, 1910 Vt. LEXIS 223 (1910).

The word “or” did not coordinate “bridge” and “culvert” and make each term connote the same, but connected two words denoting distinct objects of the same class. Cleveland v. Town of Washington, 79 Vt. 498, 65 A. 584, 1907 Vt. LEXIS 134 (1907).

Whatever was necessary to connect a structure that spanned a stream and the abutments on which it rested with the highway built on solid ground, and make that structure accessible and useful as a part of the highway, was a part of the bridge. Tinkham v. Town of Stockbridge, 64 Vt. 480, 24 A. 761, 1892 Vt. LEXIS 74 (1892).

Insufficiency or want of repair.

The lack of a guard rail, suitable to the place and condition, could constitute insufficiency or want of repair of a culvert within the meaning of the statute. Widham v. Town of Brattleboro, 105 Vt. 210, 166 A. 22, 1933 Vt. LEXIS 205 (1933).

A town bound to maintain a bridge was liable for damages resulting from the lack of a railing on the bridge approach because approaches to a bridge were part of it. Castle v. Town of Guilford, 86 Vt. 540, 86 A. 804, 1913 Vt. LEXIS 231 (1913).

A hole in a highway at a point five rods distant from a culvert, occasioned by the fact that the culvert was not large enough to carry off water, was not a defect in a bridge, sluice or culvert for which a town was responsible to a person injured thereby. Ford v. Town of Braintree, 64 Vt. 144, 23 A. 633, 1891 Vt. LEXIS 72 (1891).

An abutment to a bridge was part of the bridge, and when a declaration alleged an injury occasioned by the insufficiency of a bridge, and the proof was that the defect and insufficiency was in the abutment, this was not such a variance as to be ground for reversing judgment. Bardwell v. Town of Jamaica, 15 Vt. 438, 1843 Vt. LEXIS 67 (1843).

Judgment.

In actions for damages sustained in consequence of insufficiency or want of repair of a bridge erected and maintained at the expense of two or more towns, judgment was to be rendered against all towns or none. Brown v. Town of Fair Haven, 47 Vt. 386, 1875 Vt. LEXIS 32 (1875).

Liability of selectmen.

The selectmen of a town were not personally liable for injuries sustained through defects in public highways in their towns. Daniels v. Hathaway, 65 Vt. 247, 26 A. 970, 1892 Vt. LEXIS 22 (1892).

Liability of towns generally.

Towns were not liable, absolutely and without regard to their own negligence, for injuries occasioned by the insufficiency and want of repair of their bridges and culverts. Brown v. Town of Mount Holly, 69 Vt. 364, 38 A. 69, 1897 Vt. LEXIS 63 (1897).

Notice of defect.

The statute did not require, as a condition of recovery, that the town officers have had actual notice of the defective culvert if the circumstances were such that the jury could infer that the town officers knew or should have known of the existence of the defect. Thompson v. Town of Stannard, 125 Vt. 140, 211 A.2d 253, 1965 Vt. LEXIS 213 (1965).

When damages were claimed of a town for injuries sustained by reason of insufficiency and want of repair of a road or bridge, the right to recover would not depend upon the town’s having notice of such defect. Bardwell v. Town of Jamaica, 15 Vt. 438, 1843 Vt. LEXIS 67 (1843).

§ 986. When one town is out of State.

When the damage mentioned in section 985 of this title accrues in consequence of the insufficiency or want of repair of a bridge built and maintained by two or more towns, one or more of which are out of this State, the action shall be brought against the town or towns within this State liable for repairs. The proportion of the damage with costs shall be paid by the town or towns in the proportion in which it or they are liable for the repairs. The court may issue execution as provided in section 985 of this title.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1372 .

§ 987. Extent of liability; notice required.

A person shall not recover against a town or other corporation for any damage sustained when crossing a bridge or culvert with a vehicle with a total gross weight exceeding the legal or posted weight limits. An action shall not be had or maintained in any court against a town for injuries received or damages sustained through the insufficiency of a bridge or culvert, unless notice is first given in writing, signed by the injured party or the party claiming damage, to one or more selectboard members of the town in which the bridge or culvert is situated, within 20 days of the time of the occurrence of the injury or damage, stating the time when and the place where the injury was received, and pointing out in what respect the bridge or culvert was insufficient or out of repair, and stating that the person will claim satisfaction of the town.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard members” for “of the selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 1373 .

ANNOTATIONS

Generally.

This section requires written notice within 20 days to a town selectman stating the time when and the place where the injury was received, and pointing out in what respect the bridge or culvert was insufficient or out of repair; where personal injury occurs, the claimant must state so pursuant to 19 V.S.A. § 988 . Lane v. Town of Grafton, 166 Vt. 148, 689 A.2d 455, 1997 Vt. LEXIS 1 (1997).

Application of notice requirement.

The provision requiring one injured through insufficiency of a bridge or culvert to give notice to the town did not apply to persons financially injured through the death of their next of kin. Bigelow v. Town of St. Johnsbury, 92 Vt. 423, 105 A. 34, 1918 Vt. LEXIS 195 (1918).

Claim for satisfaction.

A notice that omitted that the person injured would claim satisfaction of the town was fatally defective, and no action could be maintained thereon. Lawton v. Town of Weathersfield, 74 Vt. 41, 51 A. 1062, 1901 Vt. LEXIS 110 (1901).

Contents of notice
—Description of time and place of injury.

The requirements of notice were satisfied if the notice fairly gave the selectmen to understand that the bridge or culvert complained of was one which their town was liable to keep in repair. Cushman v. Town of Bristol, 112 Vt. 60, 20 A.2d 110, 1941 Vt. LEXIS 133 (1941).

The notice need not have stated that the bridge described was one for the care and maintenance of which the defendant town had responsibility. Castle v. Town of Guilford, 86 Vt. 540, 86 A. 804, 1913 Vt. LEXIS 231 (1913); Cushman v. Town of Bristol, 112 Vt. 60, 20 A.2d 110, 1941 Vt. LEXIS 133 (1941).

A notice addressed to designated persons as the selectmen of the specified town, which stated that plaintiff “while traveling on the public highway in your town” was injured, sufficiently located the place of injury as on a highway in that town. Graves v. Town of Waitsfield, 81 Vt. 84, 69 A. 137, 1908 Vt. LEXIS 118 (1908).

When the notice fairly informed the selectmen that the highway about which the complaint was made was in their town, it sufficiently informed them that it was also a highway which the town was required by law to keep in repair. Skinner v. Town of Weathersfield, 78 Vt. 410, 63 A. 142, 1906 Vt. LEXIS 164 (1906).

Where a notice that recited that the culvert complained of was located “about 10 rods” south of the junction of designated highways, and it appeared that the defective culvert was 41 rods south of that junction, the recited distance was not controlling, and the notice sufficiently designated the location of the culvert. Clement National Bank v. Connelly, 88 Vt. 55, 90 A. 794, 1914 Vt. LEXIS 189 (1914).

A notice was sufficient where the selectmen, with the notice in hand, could have found the place without difficulty. Tinkham v. Town of Stockbridge, 64 Vt. 480, 24 A. 761, 1892 Vt. LEXIS 74 (1892).

Where the plaintiff, based upon his acquaintance with the locality, gave as accurate and definite a location of the place of injury as was practical for him to do, the notice was sufficient. Melendy v. Town of Bradford, 56 Vt. 148, 1883 Vt. LEXIS 93 (1883).

A notice was insufficient as to the place of the accident where indefinite expressions, such as “a few rods,” were used when exact distances from prominent objects could have been given. Butts v. Town of Stowe, 53 Vt. 600, 1880 Vt. LEXIS 121 (1880).

Where the notice of injury designated the place of the accident as between two points named, which were a mile or more apart, and the plaintiff was well acquainted with the highway and knew of several objects by which he could have definitely described the place of injury, the notice was insufficient. Bean v. Town of Concord, 48 Vt. 30, 1875 Vt. LEXIS 66 (1875).

A notice that read “I am under the necessity of calling your attention to an accident that happened on the Green River road on Friday, the 22d inst., in consequence of a defect in the highway. My wife was thrown into Green River, and badly hurt, besides breaking the sleigh . . . .” did not sufficiently state the place where the injury was received. Babcock v. Town of Guilford, 47 Vt. 519, 1875 Vt. LEXIS 39 (1875).

Where a notice omitted the place where the injury was sustained, it was error for the court to allow the plaintiff to show it by parol. Underhill v. Town of Washington, 46 Vt. 767, 1874 Vt. LEXIS 64 (1874).

Where the distance between two places on a highway mentioned in the notice was four and one-half miles, the notice was too indefinite as to the place of the accident. Law v. Town of Fairfield, 46 Vt. 425, 1874 Vt. LEXIS 16 (1874).

Damages.

Injuries subsequently developed and occasioned by the injuries described could be recovered for. Knox v. Town of Wheelock, 56 Vt. 191, 1883 Vt. LEXIS 100 (1883).

Description of injury.

In view of a town’s receipt of notice within 20 days of an accident that a claimant has suffered personal injuries on a town bridge and its ability to subsequently obtain pretrial information through discovery, the notice was adequate even with a less specific statement of injury. Lane v. Town of Grafton, 166 Vt. 148, 689 A.2d 455, 1997 Vt. LEXIS 1 (1997).

Description of insufficiency or defect in bridge or culvert.

A notice to the selectmen stating that for want of proper and sufficient guard on a bridge and the abutment and approaches thereof, plaintiff’s horses fell over the abutment, and that the bridge and approaches were wholly insufficient and out of repair in that there was no sufficient guard to protect the team from slipping off the approaches, sufficiently alleged the insufficiency of the bridge. Castle v. Town of Guilford, 86 Vt. 540, 86 A. 804, 1913 Vt. LEXIS 231 (1913).

A notice that an accident happened on the approach to a bridge spanning a designated stream and that described the approach as narrow, with an embankment on the side where the accident occurred, and without sufficient protection to keep teams from going off on that side, sufficiently met the requirement that the notice point out in what respect the bridge or culvert was insufficient or out of repair. Graves v. Town of Waitsfield, 81 Vt. 84, 69 A. 137, 1908 Vt. LEXIS 118 (1908).

Where a notice alleged that the stringers of a bridge were decayed and broken and that the planks covering the bridge were so worn and decayed that they did not support the weight of plaintiff’s horse, the notice as to the defect was sufficient. Knox v. Town of Wheelock, 56 Vt. 191, 1883 Vt. LEXIS 100 (1883).

Liability of towns generally.

If a load did not exceed the maximum specified, a town was responsible for all damages arising from the insufficiency of its highways, but if the load exceeded that weight, however insufficient the highway might have been, or whatever the degree of care and prudence exercised might have been and however directly the injury might have resulted from the insufficiency of the road, no action whatever could be sustained against the town. Howe v. Town of Castleton, 25 Vt. 162, 1853 Vt. LEXIS 17 (1853).

Nature of notice.

Notice to the selectmen of a claim for injuries from a defective bridge or culvert was not a declaration of a cause of action, need not have been referred to in the declaration, and was not evidence in favor of the plaintiff of matters alleged therein. Castle v. Town of Guilford, 86 Vt. 540, 86 A. 804, 1913 Vt. LEXIS 231 (1913).

Particular cases.

Plaintiff’s notice was adequate to alert the town that a bridge was dangerous and inform it of a pending claim, thereby allowing the town to begin investigation where, nine days after the accident, plaintiff sent a letter notifying the town of the location of the bridge where the accident occurred and the date of the accident, and the letter informed the town that plaintiff had suffered personal injuries along with property damage and that he was making a claim for his damages. Lane v. Town of Grafton, 166 Vt. 148, 689 A.2d 455, 1997 Vt. LEXIS 1 (1997).

Parties to whom notice to be given.

The notice required could be accomplished by service on the selectmen of the town within the period prescribed. Thompson v. Town of Stannard, 125 Vt. 140, 211 A.2d 253, 1965 Vt. LEXIS 213 (1965).

Notice of injury to all towns in which a bridge was situated was sufficient to bind all. Tyler v. Williston, 62 Vt. 269, 20 A. 304, 1890 Vt. LEXIS 112 (1890).

If notice of an injury and a claim for damages was not given to all of the towns in which a bridge was situated, none were liable. Brown v. Town of Fair Haven, 47 Vt. 386, 1875 Vt. LEXIS 32 (1875).

Pleading requirements.

In an action against a town for injury to a traveler because of a defective culvert, it was not essential that the declaration allege the giving of written notice of the claim as required by the statute in order to render admissible the giving of the notice. Herrick v. Town of Holland, 83 Vt. 502, 77 A. 6, 1910 Vt. LEXIS 223 (1910).

In an action against a town for damages, the plaintiff was not required to aver in his declaration that he gave notice to the selectmen of such town of the injury and his intention to claim satisfaction therefor, such being no part of the cause of action, but pertaining merely to the remedy and evidence. Kent v. Town of Lincoln, 32 Vt. 591, 1860 Vt. LEXIS 16 (1860).

Proof of notice.

The provision that no action could be maintained against a town for injuries or damage sustained because of an insufficiency of a bridge or culvert unless the prescribed written notice was given to the selectmen pertained to the remedy, and no such action could be maintained without proof of the required notice. Clement National Bank v. Connelly, 88 Vt. 55, 90 A. 794, 1914 Vt. LEXIS 189 (1914).

In an action against a town for injuries resulting from an insufficiency of a bridge or culvert, the written notice that was given could be prima facie sufficient, and yet could be shown by evidence to be doubtful, or even insufficient; therefore, the fact that the notice, when offered in evidence, was received without objection did not constitute a waiver of material defects therein, nor of the town’s right to take advantage of such defects when shown in the course of the trial. Clement National Bank v. Connelly, 88 Vt. 55, 90 A. 794, 1914 Vt. LEXIS 189 (1914).

Where the plaintiff introduced evidence tending to prove that notice had been given, and the defendant offered evidence tending to rebut this claim, the evidence was admissible even though the claim had not been denied by special plea. Matthie v. Town of Barton, 40 Vt. 286, 1867 Vt. LEXIS 80 (1867).

Purpose of notice.

Statutory notice requirements serve as a starting point for investigation and are not intended to provide a complete statement of a claim. Lane v. Town of Grafton, 166 Vt. 148, 689 A.2d 455, 1997 Vt. LEXIS 1 (1997).

Read together, 19 V.S.A. §§ 987 and 988 indicate that notice serves two purposes: (1) to alert towns of bridge conditions endangering public safety so they may be promptly repaired; and (2) to inform towns of impending claims so that there may be timely investigation thereof. Lane v. Town of Grafton, 166 Vt. 148, 689 A.2d 455, 1997 Vt. LEXIS 1 (1997).

Time of notice.

Where a plaintiff’s notice was late due to misinformation by the selectman, the town was not liable for the misinformation. Gregg v. Town of Weathersfield, 55 Vt. 385, 1883 Vt. LEXIS 50 (1883).

In giving notice of injury received on a highway, fractions of a day were disregarded. Giddings v. Town of Ira, 54 Vt. 346, 1882 Vt. LEXIS 13 (1882).

§ 988. Contents of notice.

The notice shall contain a description of the injury received or damage sustained. If bodily injuries are claimed, the part of the body injured shall be stated, with the extent and effect of the injury upon the health of the person injured, but the provisions in relation to notice shall not apply to a person who in consequence is lacking mental capacity.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1374 .

ANNOTATIONS

Application.

There could be no absolute rule of law as to how long one must have been bereft of his reason in consequence of an injury upon a highway in order to make it unnecessary for him to give notice to a town, and if, after the primary effects of the injury had passed and the physical system had had time and opportunity to resume its natural condition, the person was still left in a state of insanity or insensibility, or was otherwise deprived of his reason, and the condition was fixed in its character, then, although his reason might return in a longer or shorter time and did return within the statutory period for giving notice, the fact was established that, in consequence of injury, he was bereft of his reason and excused from giving notice. Gonyeau v. Town of Milton, 48 Vt. 172, 1876 Vt. LEXIS 3 (1876).

Consideration with other statutes.

Read together, 19 V.S.A. §§ 987 and 988 indicate that notice serves two purposes: (1) to alert towns of bridge conditions endangering public safety so they may be promptly repaired; and (2) to inform towns of impending claims so that there may be timely investigation thereof. Lane v. Town of Grafton, 166 Vt. 148, 689 A.2d 455, 1997 Vt. LEXIS 1 (1997).

19 V.S.A. § 987 requires written notice within 20 days to a town selectman stating the time when and the place where the injury was received, and pointing out in what respect the bridge or culvert was insufficient or out of repair; where personal injury occurs, the claimant must state so pursuant to this section. Lane v. Town of Grafton, 166 Vt. 148, 689 A.2d 455, 1997 Vt. LEXIS 1 (1997).

Description of injuries or damages.

A notice describing injuries as “a severe cut and bruise on the back of my head, and my head otherwise injured. My left hip was bruised and made sore and lame. I was hurt and made lame through my chest and bowels . . . .” fulfilled the requirement that the notice state the part of the body injured, with the extent and effect of the injury on the health of person injured, as the statute did not require the person injured to give an accurate diagnosis of his bodily injuries, but only to describe them and give his understanding of their character. Graves v. Town of Waitsfield, 81 Vt. 84, 69 A. 137, 1908 Vt. LEXIS 118 (1908).

A notice reading “the back of my head was injured by striking thereon, with resultant shock, and in consequence of said injuries have been unable to labor” was sufficiently definite to make admissible testimony that the plaintiff’s head was bloody and bruised and that, from the time of the alleged injury to the time of trial, the plaintiff had been subject to headaches. Lynds v. Town of Plymouth, 73 Vt. 216, 50 A. 1083, 1901 Vt. LEXIS 157 (1901).

Particular cases.

Plaintiff’s notice was adequate to alert the town that a bridge was dangerous and inform it of a pending claim, thereby allowing the town to begin investigation where, nine days after the accident, plaintiff sent a letter notifying the town of the location of the bridge where the accident occurred and the date of the accident, and the letter informed the town that plaintiff had suffered personal injuries along with property damage and that he was making a claim for his damages. Lane v. Town of Grafton, 166 Vt. 148, 689 A.2d 455, 1997 Vt. LEXIS 1 (1997).

Specificity of notice.

The notice a town historically received of a defective bridge under this section, along with the pleading, likely contained the only information concerning the accident the town would receive before trial and earlier courts, accordingly, required such notice to be highly detailed to allow the town to investigate the claim and prepare defenses; however, as a result of discovery rules that mandate disclosure and allow access to pretrial information, modern pleadings require less specificity. Lane v. Town of Grafton, 166 Vt. 148, 689 A.2d 455, 1997 Vt. LEXIS 1 (1997).

In view of a town’s receipt of notice within 20 days of an accident that a claimant has suffered personal injuries on a town bridge and its ability to subsequently obtain pretrial information through discovery, the notice was adequate even with a less specific statement of injury. Lane v. Town of Grafton, 166 Vt. 148, 689 A.2d 455, 1997 Vt. LEXIS 1 (1997).

Article 2. Indictment for Failure to Make Repairs

CROSS REFERENCES

Civil actions for damages resulting from failure to make repairs, see chapter 9, subchapter 8, article 1 of this title.

§ 991. Fine.

When a town, liable to keep in repair a highway or bridge, fails to do so, it may be indicted for this neglect by a grand jury of the county, and may be fined at the discretion of the court, whether any special damage has been sustained or not. The fine so assessed shall be spent in repairing the highway or bridge, under the direction of a commissioner appointed by the court.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1391 .

ANNOTATIONS

Cited.

Cited in Villeneuve v. Town of Essex, 167 Vt. 618, 713 A.2d 815, 1998 Vt. LEXIS 62 (1998) (mem.).

§ 992. Notice before indictment.

A town shall not be indicted for not keeping in repair its highways and bridges unless a notice describing the highway or bridge complained of and describing in general terms its defects, signed by some person residing in the State, is delivered to one of the selectmen at least 12 days before the return date of the complaint to the court to which the complaint is made.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1392 .

§ 993. Joint liability.

When towns, jointly liable, fail to keep a bridge in repair, they may be indicted by the grand jury of any county in which either of the towns is situated and may be fined at the discretion of the court. The fine and costs shall be paid by the several towns in the proportion in which they were assessed for the building of the bridge. In making the apportionment, the court may take into consideration what has already been paid by any town and issue execution against each for its proportion. The fine shall be spent in repairing the bridge under the direction of a commissioner appointed by the court.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1393 .

§ 994. Notice of indictment; collection of fine.

When an indictment is presented to the Superior Court, as provided in this subchapter, the clerk shall issue a citation to the town indicted, and it shall be served as writs are by law required to be served against towns, at least 12 days before the date of trial. The execution issued for the fine and costs shall be levied and collected like executions in civil causes against towns.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1394 .

§ 995. Description of highway.

It shall not be necessary to state in the indictments the exact length or width of the highway, but it shall be sufficient to describe it as a highway leading from some particular place to some other particular place.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1395 .

§ 996. Highway construction, maintenance, and repair best management practices.

  1. The Agency of Transportation shall work with municipal representatives to revise the Agency of Transportation’s Town Road and Bridge Standards in order to incorporate a suite of practical and cost-effective best management practices, as approved by the Agency of Natural Resources, for the construction, maintenance, and repair of all existing and future State and town highways. These best management practices shall address activities that have a potential for causing pollutants to enter the groundwater and waters of the State, including stormwater runoff and direct discharges to State waters. The best management practices shall not supersede any requirements for stormwater management already set forth in 10 V.S.A. §§ 1264 and 1264a that apply to State and town highways. The Agency of Transportation shall report to the House and Senate Committees on Transportation, the house committee on fish, wildlife and water resources, and the Senate Committee on Natural Resources and Energy by January 15, 2011, on the best management practices to be incorporated into the Agency of Transportation’s Town Road and Bridge Standards.
  2. Beginning January 15, 2013, and every four years thereafter, the Secretary in consultation with municipal representatives and with approval from the Agency of Natural Resources shall review and revise, as appropriate, Town Road and Bridge Standards in order to ensure the standards are protective of water quality.

HISTORY: Added 2009, No. 110 (Adj. Sess.), § 17, eff. May 18, 2010.

History

References in text.

10 V.S.A. § 1264a , referred to in subsec. (a), was repealed by 2003, No. 140 (Adj. Sess.), § 10(a), eff. January 15, 2012, which repealed 10 V.S.A. § 1264a (a) -(d) and (f)-(h), and 2017, No. 67 , § 13, which repealed 10 V.S.A. § 1264a(e) , eff. July 1, 2017.

Chapter 11. Protection of Highways

History

Revision note—

In light of the absence of additional subchapter divisions, deleted the heading for subchapter 1 to conform with V.S.A. style.

CROSS REFERENCES

Designation and placement of warning signs at intersections on throughways, see §§ 27-29 of this title.

General duties of towns as to repairs, maintenance, and improvements, see chapter 9, subchapter 1 of this title.

Unlawful use of limited access facilities, see § 1711 of this title.

Regulation of operation of vehicles, see 23 V.S.A. chapter 13.

§ 1101. Concurrent authority; class 1 highways.

On all class 1 highways, and the bridges on class 1 highways, the Agency shall have concurrent authority and jurisdiction with the selectboard in all matters within the authority and jurisdiction of the selectboard under the provisions of this chapter. If a person named in an order made by the Agency under the authority of this section neglects or refuses to comply with the order within the time prescribed by law, the Agency may report the neglect or refusal to the State’s Attorney of the county where the highway or bridge mentioned in the order is located.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” and “the selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 1451 .

CROSS REFERENCES

Classification of highways, see § 302 of this title.

§ 1102. Acquiring highways by adverse possession.

A right or interest within the limits of a highway shall not be acquired by anyone by possession or occupation.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1452 .

ANNOTATIONS

Cited.

Cited in Town of Rutland v. City of Rutland, 170 Vt. 87, 743 A.2d 585, 1999 Vt. LEXIS 314 (1999); Benson v. Hodgdon, 2010 VT 11, 187 Vt. 607, 992 A.2d 1053, 2010 Vt. LEXIS 15 (2010) (mem.).

§ 1103. Unorganized towns and gores; duties of supervisors.

When an encroachment or nuisance is made or put on a highway in an unorganized town or gore, a complaint may be made to a Superior judge who may issue his or her warrant to the supervisor for the unorganized town or gore, authorizing him or her to cause the encroachment or nuisance to be removed. The supervisor shall have the same power to remove the encroachment or nuisance as is given to selectboards in this chapter, and he or she shall proceed in like manner.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboards” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

—2011. Substituted “Superior judge” for “district judge” in accordance with 2009, No. 154 (Adj. Sess.), § 236.

Prior law.

19 V.S.A. § 1453 .

§ 1104. Lighting where hazard.

The Traffic Committee may determine if any artificial light creates a hazard to users of a highway and upon a finding that a hazard is created may direct that the light be removed or altered as required to eliminate the hazard. The selectboard shall have the same authority on town highways.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 1454 .

CROSS REFERENCES

Powers and duties of Traffic Committee, see § 1(24) of this title.

§ 1105. Obstructing travel.

A person, other than a municipality acting with respect to highways under its jurisdiction, who places or causes to be placed an obstruction or encroachment in a public highway or trail, so as to hinder or prevent public travel or to injure or impede a person traveling on the highway or trail, shall be fined not more than $1,000.00 plus the actual costs of repairing the damage and a reasonable attorney’s fee, to be recovered in a civil action in the name of the town or State. One or more items of logging or other equipment temporarily within the right-of-way of a trail shall not be actionable under this section if located in such a way as not to unreasonably impede passage. If the court finds that an action under this section was brought without substantial basis, the court may award a reasonable attorney’s fee against the person bringing the action. Nothing in this section shall preclude the selectboard from exercising regulatory authority granted under sections 304 and 1110 of this title.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1991, No. 47 , § 3; 1991, No. 117 (Adj. Sess.), § 1, eff. Feb. 12, 1992.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” in the last sentence in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Revision note—. At the end of the section, substituted “a civil action” for “an action of tort on this statute” in accordance with 1971, No. 185 (Adj. Sess.), § 236(c) and (d). See V.R.C.P. 2.

Amendments

—1991 (Adj. Sess.). Inserted “other than a municipality acting with respect to highways under its jurisdiction” following “person” in the first sentence and added the fourth sentence.

—1991. Inserted “or trail” following “highway” in two places, substituted “$1,000.00” for “$100.00“ preceding “plus” and inserted “and a reasonable attorney’s fee” following “damage” in the first sentence and added the second and third sentences.

Prior law.

19 V.S.A. §§ 1501 and 1503.

§ 1106. Overnight camping.

A person shall not use any part of a public highway right-of-way, a public rest area associated with a public highway, or any public land not so designated by the agency, department, or municipality having control of same as an overnight camping area for the purpose of overnight camping. A person who violates this section shall be fined not more than $50.00 for each day he or she is in violation.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1504 .

§ 1107. Cattle crossing signs.

When requested in writing by a farm operator, the Agency shall furnish at its expense portable or permanent type cattle crossing signs for use on State highways or town highways where cattle must use the traveled surface of the highway to reach fields or pastures. These signs shall conform to the current standards of the Manual on Uniform Traffic Control Devices. The signs shall be permanently installed or may be temporarily displayed at locations designated by the farm operator unless disapproved on the basis of traffic safety by the Agency. Permanent type signs may be installed on State highways by the Agency wherever practical.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note—

In the section heading, deleted “permits and maintenance” following “signs” to conform with the text of the section.

Prior law.

19 V.S.A. § 1505 .

§ 1108. Injuring highway.

  1. A person who wantonly or willfully injures a highway, or a bridge, or any of their components by destroying or removing planks, posts, timber, stones, or asphalt surface, or by digging pits for gravel, clay, or for any other purpose, shall forfeit to the town or State, to be expended in repairing highways, not more than $100.00 plus actual costs of repairing damage to be recovered in a civil action in the name of the town or State, with costs.
  2. A person who injures a public highway by obstructing or diverting a stream, watercourse, or sluice, or by dragging logs or timber or any other objects on the road surface, shall be fined not more than $100.00 for each offense.  The person shall be further liable to the town or State for the damage to the highway, to be recovered in a civil action, in the name of the town or State.
  3. A person guilty of an offense prohibited in this section, besides the penalty, shall be liable to the town or State, or to any individual, in a civil action, for damages sustained by either in consequence of the acts prohibited, with costs.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20 , § 102.

History

Revision note—

In subsecs. (a), (b), and (c), substituted “a civil action” for “an action of tort on this statute” in accordance with 1971, No. 185 (Adj. Sess.), § 236(c) and (d). See V.R.C.P. 2.

Amendments

—2021. Subsec. (a): Substituted “willfully” for “wilfully”; and inserted “any” preceding “other purpose”.

Prior law.

19 V.S.A. §§ 1521-1523 .

CROSS REFERENCES

Damaging surface of road, see 23 V.S.A. § 1092 .

Annotations From Former §§ 1521-1523

Recovery of costs.

A town recovering a forfeiture for wanton injury to a highway was entitled to full costs although the penalty was less than five dollars. Town of Barre v. Jerry, 69 Vt. 63, 37 A. 230, 1896 Vt. LEXIS 8 (1896).

Recovery of damages.

While towns were not owners of highways within their limits, the obligation to keep them in repair saved towns such an interest therein as enabled them to recover expenditures made necessary by the wrongful act or neglect of an individual or corporation, and such right of recovery was not affected by the enactment of section that provided a penalty for such injuries, the remedy having been available before the statute was enacted. Town of Sharon v. Anahma Realty Corp., 97 Vt. 336, 123 A. 192, 1924 Vt. LEXIS 168 (1924).

§ 1109. Agency of Transportation rules on abuse of highways.

The Agency of Transportation shall adopt rules as it deems necessary to prevent the abuse of any highway or portion of a highway during any period of any season of the year.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 12; 2015, No. 23 , § 117.

History

Revision note—

Substituted “it deems” for “they deem” following “rules as” to correct a grammatical error.

Amendments

—2015. Substituted “adopt” for “promulgate” preceding “rules”.

—1989 (Adj. Sess.). Substituted “Agency” for “Rules” preceding “of transportation” and “rules on” for “board as to” thereafter in the section heading and inserted “agency of” preceding “transportation” and deleted “board” thereafter in the text of the section.

Prior law.

19 V.S.A. § 1551 .

CROSS REFERENCES

Procedure for adoption of administrative rules, see 3 V.S.A. chapter 25.

Powers and duties of Transportation Board generally, see § 5 of this title.

§ 1110. Posting of highways.

  1. If the use of a town highway is to be restricted, the selectboard shall post copies of the rules in at least two public places in the town.  Posting signs provided by the Agency informing the traveler of the restriction shall be conspicuously placed at each end of the highway or portion of the highway.  The Secretary shall be responsible for furnishing notice of any restricted use of State highways.
  2. A person who violates these rules shall be guilty of a traffic offense under 23 V.S.A. chapter 23, for which he or she shall be fined not more than $100.00, and shall be liable to the State or town in which the damage is done for all damages to the highway to be recovered in a civil action.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Revision note—. At the end of subsec. (b), substituted “a civil action” for “an action of tort on this statute” in accordance with 1971, No. 185 (Adj. Sess.), § 236(c) and (d). See V.R.C.P. 2.

Prior law.

19 V.S.A. §§ 1552 , 1553.

CROSS REFERENCES

Restricted use of covered bridges, see §§ 313-315 of this title.

Motor vehicle weight regulations, see 23 V.S.A. chapter 13, subchapter 15.

§ 1111. Permitted use of the right-of-way relocation or adjustment orders.

  1. Permits; relocation or adjustment orders.
    1. Permits must be obtained by anyone or any corporation wishing to use as described in this section any part of the highway right-of-way on either the State or town system. Notwithstanding any other statutory requirement, a permit shall be required for any use of any highway right-of-way, consistent with the provisions of this section. In issuing a permit under this section for a use of a State highway right-of-way, the Secretary may require a transportation impact fee in accordance with 10 V.S.A. chapter 151, subchapter 5. Except for this transportation impact fee authority of the Secretary, the authority given to the Board, the Secretary, and the Attorney General under this section shall also apply to the legislative bodies of towns or their designees.
    2. Except in emergencies, the Agency or the municipality shall seek input and consider input received from affected utilities before issuing a utility relocation or adjustment order. In specifying the times for utility relocation or adjustment work, the Agency or the municipality shall allocate to each a reasonable time for its role in the relocation or adjustment work after taking into account:
      1. the season of the year; and
      2. the respective duties and responsibilities of the pole or conduit owner and the involved utilities, including the need to install, transfer, or retire individual components in a specific sequence.
    3. When the Agency or a municipality issues a utility relocation or adjustment order in accordance with law in connection with highway maintenance or construction activities, and a utility fails to move or adjust its line or other facility within the time specified in the order, that utility shall be liable to the State or to the municipality for damages that the State or the municipality is required to pay a contractor for delay caused by the failure. However, a utility shall not be liable for such damages if its failure to move or adjust the line or facility is for reasons beyond its control, including: emergency restoration activities; inclement weather; timing restrictions imposed by law or permits; terms of collective bargaining agreements; or the failure of another utility to complete its assigned responsibilities for the installation, transfer, or retirement of its facilities. If the Agency or the selectboard cannot agree with a utility as to whether the utility is liable or as to the amount of damages under this subdivision (a)(3), the Agency or selectboard may bring an action in accordance with subsection (h) of this section.
  2. Driveway entrances; highway grades; drainage.   It shall be unlawful to develop, construct, regrade, or resurface any driveway, entrance, or approach; or build a fence or building; or deposit material of any kind within; or to in any way affect the grade of a highway right-of-way; or obstruct a ditch, culvert, or drainage course that drains a highway; or fill or grade the land adjacent to a highway so as to divert the flow of water onto the highway right-of-way without a written permit from the Agency, in the case of State highways, or the legislative body or designee of a municipality, in the case of town highways. As a condition of any such permit, compliance with all local ordinances and regulations relating to highways and land use shall be required. The Agency or legislative body, within their respective jurisdictions, may make such rules to carry out the provisions of this section as will adequately protect and promote the safety of the traveling public, maintain reasonable levels of service on the existing highway system, and protect the public investment in the existing highway infrastructure, but shall in no case deny reasonable entrance and exit to or from property abutting the highways, except on limited access highways, using safety, maintenance of reasonable levels of service on the existing highways, and protection of the public investment in the existing highway infrastructure as the test for reasonableness, and except as necessary to be consistent with the planning goals of 24 V.S.A. § 4302 and to be compatible with any regional plan, State agency plan, or approved municipal plan. However, in any case involving an access permit for a development contributing 75 or more peak hour trips to State highways or class 1 town highways, the permit may include reasonable conditions and requirements to protect service levels on such highways.
  3. Installing pipes and wires in highway.
    1. It shall be unlawful to dig up or excavate a trench in a public highway for the purpose of installing pipes or wires without a written permit from the Agency in the case of State highways and the selectboard for town highways. The permit shall include any conditions imposed by the issuing party. All inspection of excavation and backfilling shall be done under the supervision of an agent of either the town or State as the case may be. Failure of any person, corporation, or municipality to perform the work or to restore the highways in a satisfactory and timely manner to the Agency or the town may result in either the Agency or the town completing the work at the expense of the permit holder; provided, however, the Agency or town shall give timely notice to the permit holder of any defects, and the permit holder, upon receipt of notice, shall have a reasonable time in which to repair the defects. The Agency or the selectboard may recover reasonable expenses incurred in this manner in a civil action in the name of the State or town with costs.
    2. These provisions shall not apply to cities and shall not prevent a person, corporation, or municipality from excavating to make emergency repairs to a break in a pipe or a short in a wire, but in all cases all work shall be completed to the satisfaction of the Agency or the town.  Notice shall be given to the appropriate persons as expeditiously as possible after discovery of the problem.
  4. Use by private sewer or water lines.   The Agency may issue permits allowing the use of highway rights-of-way for private sewer or water lines if, following notice and hearing, the Board certifies to the Agency that the requested use will serve the needs of the public. In its certificate, the Board may attach conditions as are required, including the following:
    1. the installation of sewer or water lines shall conform with plans and specifications approved by the Agency and shall be relocated at no cost to the State whenever the right-of-way is needed for highway purposes;
    2. reimbursement of the Agency by the permit applicant for the actual costs of the review, inspection, and engineering services provided by the Agency for these installations;
    3. reimbursement of the Agency by the permit applicant for the cost of assigning an inspector to the project during construction.
  5. Project inspectors; highway access plan.   The Agency may assign an inspector to the project during construction at the applicant’s expense. Any application to the Agency for a drive or access permit by reason of any development subject to the provisions of this section shall include a proposed highway access plan for the entire tract of land. The Agency shall impose reasonable conditions to reduce the number of accesses that will be required for the tract of land. These conditions may include one or more of the following: a required setback of any construction or improvements from the highway to permit the construction of frontage road or roads; acceleration and deceleration lanes; or other areas for off-highway control and management of vehicles and may require reimbursement for any costs to the State for the installation of traffic control devices or road improvements reasonably required because of the development, and may permit or require integration of the access and on-site traffic control facilities and connection of frontage roads between contiguous tracts of land as development is occurring or may occur along the highway.
  6. Revoking access; frontage road.   The Agency, in the case of State highways, or the selectboard, in the case of town highways, may, as development occurs on land abutting the highway, provide as a condition of any permit for the elimination of access previously permitted and require the construction of a common frontage road or other access improvements that may serve more than one property or lot.
  7. Permit suspension.   In addition to any other enforcement powers that may be provided for by law, the Secretary or his or her designated representative, on behalf of the Agency, or the legislative body or designee, on behalf of a municipality, may suspend any permit under this section until compliance is obtained. If there is continued use or activity after suspension, the Secretary, on behalf of the Agency, or the legislative body, on behalf of a municipality, may physically close the driveway or access point if, in the opinion of the Secretary or the legislative body, the safety of highway users is or may be affected.
  8. Restraining prohibited acts; damages.   Whenever the Secretary believes that any person is in violation of the provisions of this chapter, he or she may also bring an action in the name of the Agency in a court of competent jurisdiction against the person to collect civil penalties as provided for in subsection (j) of this section, for damages, and to restrain by temporary or permanent injunction the continuation or repetition of the violation. The selectboard shall have the same authority for town highways. The court may issue temporary or permanent injunctions without bond, and any other relief as may be necessary and appropriate for abatement of any violation. An action, injunction, or other enforcement proceeding by a municipality relating to the failure to obtain or comply with the terms and conditions of any permit issued by a municipality pursuant to this section shall be instituted within 15 years from the date the alleged violation first occurred and not thereafter. The burden of proving the date on which the alleged violation first occurred shall be on the person against whom the enforcement action is instituted.
  9. Assurance of discontinuance.   The Secretary or the selectboard may accept an assurance of discontinuance of any violation of the terms of this chapter, including when applicable schedules of abatement for a violation.  Any assurance of discontinuance shall be in writing and shall be filed with the Attorney General, the court having jurisdiction over the subject matter, and the town clerk of the town in which the violation occurred for recording in the land records.  The Attorney General, within ten days of receipt of the assurance, if he or she objects to the terms, may petition the Board for a hearing of the violation in the manner prescribed by law.  The Board shall hold a hearing on the petition within 30 days of its receipt and shall issue an appropriate order within 15 days thereafter.  Evidence of violation of an assurance shall be prima facie proof of the violation as cited in the assurance. Prior to institution of any action or proceeding under this subsection, the Secretary, whenever he or she believes any person to be or to have been in violation, may issue a notice of violation setting forth the nature of the violation, the corrective action necessary to abate the violation, and notice of intention to institute an action or proceeding against the person responsible for the violation. In this event, the Secretary shall within 30 days provide the person with notice, an opportunity to be heard, and an opportunity to settle the matter before instituting an action or proceeding as provided for in this subsection.
  10. Civil penalty.   Any person who violates the provisions of this chapter or the terms of an order issued by a court under this chapter shall forfeit and pay to the State a civil penalty of not less than $100.00 and not more than $10,000.00 for each violation; provided, however, where violation of an order is of a continuing nature, each day during which the violation continues after the date fixed by the court for the correction or termination of the violation shall constitute an additional separate and distinct offense, except during the time an appeal from the order may be taken or is pending. For the purposes of this subsection, the court issuing the injunction on petition of the Secretary shall retain jurisdiction for purposes of awarding the civil penalty.
  11. Recording of deeds.   No deed purporting to subdivide land abutting a State highway or a class 1 town highway can be recorded unless all the abutting lots so created are in accord with the standards of this section, including the requirement to provide a frontage road or roads.
  12. Recording of permits; recording fees.   Initial and subsequent permits shall be recorded at the expense of the applicant in the land records of any municipality in which the affected property is located, unless the Agency (in the case of State highways) or the legislative body (in the case of town highways) determines that such action is not warranted in specific instances or for certain categories of permits. The Agency or the legislative body may include, as a condition of the permit, that the issued permit shall not be valid until the permit holder records in the office of the appropriate municipal clerk the “notice of permit action” provided with the issued permit by the Agency or the legislative body.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 79 ; 1989, No. 246 (Adj. Sess.), §§ 13-15; 1997, No. 62 , § 56, eff. June 26, 1997; 1997, No. 120 (Adj. Sess.), § 8a; 1997, No. 150 (Adj. Sess.), § 13; 1999, No. 156 (Adj. Sess.), § 13, eff. May 29, 2000; 2003, No. 56 , § 55, eff. June 4, 2003; 2009, No. 132 (Adj. Sess.), § 10, eff. May 29, 2010; 2013, No. 145 (Adj. Sess.), § 3; 2017, No. 38 , § 18; 2019, No. 14 , § 61, eff. April 30, 2019; 2021, No. 20 , §§ 103, 104.

History

Revision note

—2014. In subsecs. (d) and (k), deleted “but not limited to” following “including” in accordance with 2013, No. 5 , § 4.

Revision note—. In the fifth sentence of subsec. (c), substituted “a civil action” for “an action of tort on this statute” in accordance with 1971, No. 185 (Adj. Sess.), § 236(c) and (d). See V.R.C.P. 2.

Redesignated subsec. (k), as added by 1997, No. 150 (Adj. Sess.), as subsec. ( l ) to avoid conflict with subsec. (k) as added by 1997, No. 120 (Adj. Sess.).

In subdiv. (c)(1) and subsecs. (h) and (i), substituted “selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Revision note—. In the fifth sentence of subsec. (c), substituted “a civil action” for “an action of tort on this statute” in accordance with 1971, No. 185 (Adj. Sess.), § 236(c) and (d). See V.R.C.P. 2.

Redesignated subsec. (k), as added by 1997, No. 150 (Adj. Sess.), as subsec. ( l ) to avoid conflict with subsec. (k) as added by 1997, No. 120 (Adj. Sess.).

Amendments

—2021. Subsec. (c): Made the heading for subdiv. (c)(1) the heading for subsec. (c) instead.

Subsec. (e): Added “one or more of the following:” following “include” and substituted “or” for “and/or” in the fourth sentence.

—2019. Subsec. (k): Added the subsec. heading.

—2017. Rewrote section heading.

Subsec. (a): Rewrote subsec. heading and inserted subdiv. (2).

Subsec. (h): In subsec. heading, inserted “; damages” and, in the first sentence, substituted “, for damages, and” for “and” following “subsection (j) of this section”.

—2013 (Adj. Sess.). Subsec. (a): Added the third sentence and substituted “Except for this transportation impact fee authority of the Secretary, the” for “The” at the beginning of the fourth sentence.

—2009 (Adj. Sess.) Subsec. (h): Added the last two sentences.

—2003. Subsec. (a): Added “or their designees” at the end of the subsection.

Subsecs. (b) and (g): Added “or designee” following “legislative body” in the second sentence.

—1999 (Adj. Sess.). Subsec. ( l ): Amended generally.

—1997 (Adj. Sess.). Subsec. (b): Act No. 120 inserted “, in the case of state highways,” following “permit from the agency” and substituted “in the case of town highways” for “as the case may be” following “legislative body of a municipality,” in the first sentence, inserted “and land use” following “regulations relating to highways” in the second sentence, and rewrote the third sentence.

Subsec. (f): Act No. 120 inserted “, in the case of state highways, or the selectboard, in the case of town highways,” following “the agency” and “or other access improvements which may serve more than one property or lot” following “common frontage road”.

Subsec. (k): Added by Act No. 120.

Subsec. ( l ): Added by Act No. 150.

—1997. Subsec. (d): Substituted “or water lines” for “companies” following “private sewer” wherever it appeared, “permits” for “permit” preceding “allowing”, and “for private sewer or water lines” for “by private sewer companies” following “rights-of-way” in the first sentence of the introductory paragraph.

Subdiv. (d)(1): Inserted “or water” preceding “lines”.

—1989 (Adj. Sess.). Subsec. (a): Deleted “for issuing permits” following “authority” and inserted “under this section” following “attorney general” in the last sentence.

Subsec. (d): Substituted “agency” for “board” preceding “may issue” and inserted “to the agency” following “certifies” in the first sentence of the introductory paragraph, substituted “its certificate” for “issuing the permit” preceding “, the board” in the second sentence of the introductory paragraph, and added “reimbursement of” preceding “the agency” and deleted “shall be reimbursed” thereafter in subdiv. (2).

Subsec. (f): Substituted “agency” for “board” preceding “may”.

—1989. Subsec. (b): Substituted “legislative body of a municipality” for “selectmen of a town” following “agency or the” in the first sentence, added the second sentence, substituted “legislative body” for “selectmen” following “agency or” and inserted “and maintain reasonable levels of service on the existing highway system” following “public” in the third sentence, and added the fourth sentence.

Subdiv. (d)(2): Made a minor change in punctuation.

Subdiv. (d)(3): Added.

Subsec. (e): Inserted “or require” preceding “integration” in the fourth sentence.

Subsec. (g): Substituted “legislative body on behalf of a municipality” for “board of selectmen on behalf of a town” preceding “may suspend” in the first sentence and added the second sentence.

Prior law.

19 V.S.A. §§ 43 and 1524-1526.

ANNOTATIONS

Application.

General contractor’s failure to obtain required dig permit had no bearing on validity of contractor’s agreement with town that water line be transferred to town without compensation. Town of Rutland v. City of Rutland, 170 Vt. 87, 743 A.2d 585, 1999 Vt. LEXIS 314 (1999).

Cited.

Cited in Town of Ludlow v. Watson, 153 Vt. 437, 571 A.2d 67, 1990 Vt. LEXIS 5 (1990).

§ 1112. Definitions; fees.

  1. As used in this section:
    1. “Major commercial development” means a commercial development for which the Agency requires the applicant to submit a traffic impact study in support of its application under section 1111 of this title.
    2. “Minor commercial development” means a commercial development for which the Agency does not require the applicant to submit a traffic impact study in support of its application under section 1111 of this title.
    3. “Residential or agricultural purposes” means accesses serving a single-family home, a duplex residence, or logging or field accesses for agricultural uses only.
  2. PARASTAT=“s” DESISTAT=“”>PARASTAT=“s” DESISTAT=“”>The Secretary shall collect the following fees for each application for the following types of permits issued pursuant to section 1111 of this title:
    1. residential or agricultural purposes: $0.00 (2) utility installations, including each direct connection to the State highway stormwater system: $100.00 (3) minor commercial development: $250.00 (4) major commercial development: $2,500.00 (5) annual blanket permits for routine inspection and maintenance of existing utility installations within State highways: $500.00 (6) PARASTAT=“s” DESISTAT=“s”>permit amendments: $0.00.

      Click to view

HISTORY: Added 2015, No. 159 (Adj. Sess.), § 57; amended 2021, No. 55 , § 38.

History

Amendments

—2021. Subsec. (b): Deleted “or permit amendments” following “types of permits”.

Subdiv. (b)(6): Added.

Chapter 15. Federal Aid

CROSS REFERENCES

Relocation assistance, see chapter 21 of this title.

Federal Highway Administration apportionment, see 49 U.S.C. § 104.

§ 1501. Acceptance of federal aid.

The State of Vermont assents to, approves, and pledges its good faith to meet the terms of an act of Congress approved July 11, 1916, entitled “An Act To provide that the United States shall aid the States in the construction of rural post roads, and for other purposes,” and amendments to the act, including flight strips, and the Agency is authorized to take such action as may be necessary to secure to the State the aid and benefits provided by the Act. Whenever the Agency of Transportation determines that funds otherwise authorized to be appropriated to the State under the Federal Aid Road Act, as amended and supplemented, shall not be apportioned to the State if the National System of Interstate Highways within its boundaries may lawfully be used by vehicles with any dimension or with weight in excess of the maximum corresponding dimension or the maximum corresponding weight provided for use on these highways in the Act, as amended and supplemented, the Governor shall so declare by proclamation, and thereafter these highways shall not lawfully be used by vehicles with any dimension or with weight in excess of the maximum corresponding dimension or the maximum corresponding weight so provided.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 41.

History

References in text.

“An Act To provide that the United States shall aid the States in the construction of rural post roads, and for other purposes,” which is known as the Federal Aid Road Act, referred to in the first and second sentences, has been repealed. For the present provisions relating to federal-aid highways see 23 U.S.C. chapter 1.

Amendments

—1989 (Adj. Sess.). Substituted “is” for “and the transportation board are” preceding “authorized” in the first sentence and inserted “agency of” preceding “transportation” and deleted “board” thereafter in the second sentence.

Prior law.

19 V.S.A. § 1801 .

§ 1502. Compliance with federal requirements; use of federal aid money.

  1. To effect the purposes of section 1501 of this title, the Agency may comply with federal rules and regulations and may use so much of the funds appropriated to the Agency, or available to it pursuant to 32 V.S.A. § 5 or 511, for highway purposes as shall be necessary to secure aid from the federal government under the federal act specified in section 1501 of this title and, in addition, may use such sums as may be necessary for surveys, plans, specifications, estimates, and assistance necessary to carry out the provisions of this chapter.
  2. To carry out the transportation planning process required by the Intermodal Surface Transportation Efficiency Act of 1991 (the Act), 23 U.S.C. § 134, as may be amended, the Governor shall designate a metropolitan planning organization for any urbanized area of more than 50,000 population and may take other action necessary to ensure the State’s compliance with the Act and any federal regulations pertaining to the Act. A designation of a metropolitan planning organization shall remain in effect until revoked by the Governor.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 42; 1993, No. 61 , § 25, eff. June 3, 1993; 2015, No. 40 , § 15.

History

Amendments

—2015. Section amended generally.

—1993. Designated the existing provisions of the section as subsec. (a) and added subsec. (b).

—1989 (Adj. Sess.). Substituted “agency” for “board” preceding “may comply”.

Prior law.

19 V.S.A. § 1802 .

§ 1503. Designation of highways; contracts.

The Agency, consistent with the directives of the General Assembly, may designate the highways to be improved, constructed, or reconstructed under the provisions of this chapter. Subject to the limitations of the Federal Aid Road Act, and the rules and regulations of the Federal Highway Administration, the Agency may contract in the name of the State for the construction or reconstruction of any highway or bridge under this chapter and the location of the work, the kind of construction, and whether it shall be by force account or by contract.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 43.

History

References in text.

The Federal Highway Administration, referred to in this section, is codified as 49 U.S.C. § 104.

“An Act To provide that the United States shall aid the States in the construction of rural post roads, and for other purposes,” which is known as the Federal Aid Road Act, has been repealed. For the present provisions relating to Federal-Aid Highways, see 23 U.S.C. chapter 1.

Amendments

—1989 (Adj. Sess.). Deleted “approval of” preceding “contracts” in the section heading and substituted “consistent with the directives of the general assembly” for “with the transportation board’s approval” following “agency” in the first sentence.

Prior law.

19 V.S.A. § 1803 .

§ 1504. Cooperation by municipalities.

A municipality may cooperate with the Agency of Transportation and the Transportation Board in any way necessary to carry out the provisions of this chapter, and to that end may contribute financial or other assistance.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1804 .

§ 1505. Federal bridges; construction.

In the construction of highways under the provisions of the Federal Aid Road Act, the Agency by agreement with the selectboard of the town in which a bridge is located may repair, build, or rebuild the bridge. A portion of the cost of the bridge work, in the discretion of the Agency and approved by the Board, may be paid out of the appropriation to aid towns for bridges.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

References in text.

“An Act To provide that the United States shall aid the States in the construction of rural post roads, and for other purposes,” which is known as the Federal Aid Road Act, referred to in the first sentence, has been repealed. For the present provisions relating to federal-aid highways, see 23 U.S.C. chapter 1.

Prior law.

19 V.S.A. § 1805 .

§ 1506. Maintenance; payment.

The Agency may maintain any bridge built or repaired under the provisions of section 1505 of this title and may advance the cost. Upon demand of the Agency, the municipality shall reimburse the State for the expenditures made, and the amount repaid shall be deposited in the account from which the expenditure was made.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1806 .

§ 1507. Monies received.

All monies received from the federal government, from municipalities, and from other sources on account of the construction of bridges under this chapter shall be credited to the fund provided by law for this purpose.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1807 .

CROSS REFERENCES

Transportation Fund, see § 11 of this title.

§ 1508. Matching funds.

The State Treasurer, with the approval of the Governor, is authorized to advance against future Transportation Fund revenue not to exceed $3,000,000.00 as the Agency may certify necessary to match federal aid highway funds, whenever these funds are made available to the State.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1808 .

CROSS REFERENCES

Transportation Fund, see § 11 of this title.

§ 1508a. Anticipation of receipts.

The Commissioner of Finance and Management may anticipate receipts due the Agency from utilities and municipalities on account of the construction of projects under this chapter and issue warrants based on these projects. Anticipated receipts shall be credited to the proper account when received.

HISTORY: Added 1993, No. 27 , § 3.

§ 1509. Construction of federal aid highways.

The Agency is authorized to enter into agreements with federal agencies for financial assistance for highway purposes and to award contracts for the construction of these highways whenever the federal funds are available as stated in section 1508 of this title, and any expenditures made shall be chargeable against the advances authorized in section 1508 of this title. Provided, however, that as soon as any regular appropriated funds become available, to which the expenditures may properly be charged, the Commissioner of Finance and Management shall charge the expenditures to the regular appropriations thereby restoring the amount of the advance so that it will again become available for future use.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note—

Substituted “commissioner of finance and management” for “commissioner of finance and information support” following “properly be charged”, in light of Executive Order No. 35-87 and to be consistent with 3 V.S.A. § 2281 .

Prior law.

19 V.S.A. § 1809 .

§ 1510. Local authorization.

  1. In any case of proposed highway construction in which a federal-state-local match is contemplated, a municipality seeking to reserve the State portion of monies for the construction project must obtain ratification of the local portion, as this portion may be periodically assessed by the Agency of Transportation, within 18 months of receipt of a commitment on the part of the State, as evidenced by a signed application relative to engineering costs and project costs or similar document.  In the event ratification of the local portion is not obtained within the 18 month period, the State shall withdraw from the proposal and shall make the State portion available for other program purposes.
  2. No second or subsequent application relative to engineering costs and project costs or similar document may be signed by a State official unless 18 months have passed since an earlier signing of a similar application relative to engineering costs and project costs for the same proposed highway project.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1810 .

§ 1511. Town approval of projects on the State highway system.

  1. If a planned highway project is located completely within one town or is located in more than one town and in the event the voters of one of the towns at an annual or special meeting that has been warned, vote against that project within one year after the corridor or corridor design hearing, or both, the project shall be suspended by the Agency of Transportation and the facts related to the project with appropriate recommendations shall be reported to the Transportation Board for its review. The Board shall make its report with recommendations to the General Assembly, which shall order either completion or discontinuance of the project.
  2. The provisions of subsection (a) of this section do not apply to any project that:
    1. has been the subject of a corridor or corridor/design hearing prior to May 1, 1982; or
    2. was specifically designated for one or more of the following: preliminary design; right-of-way acquisition; or construction by the General Assembly prior to May 1, 1982.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20 , § 105.

History

Amendments

—2021. Section amended generally.

Prior law.

19 V.S.A. § 1811 .

CROSS REFERENCES

Highways relocated in connection with federal projects, see chapter 19 of this title.

§ 1512. Repealed. 1995, No. 60, § 26(a), eff. April 25, 1995.

History

Former § 1512. Former § 1512, relating to utility relocations, was derived from 1991, No. 35 , § 1a, eff. May 18, 1991.

Editor’s note

—2017. This section was repealed by 1995, No. 60 , § 26(a), eff. April 25, 1995; however, the section as it existed prior to repeal continues to govern certain projects as specified in 1995, No. 60 , § 26(b). The text of this section was inadvertently included in 2017, No. 38 , § 14, in order to effect a technical amendment. However, this section continues to be repealed as provided in 1995, No. 60, § 26(a), and is only applicable to the projects specified in 1995, No. 60, § 26(b).

§ 1513. Historic bridge program.

For the purpose of facilitating compliance with section 106 of the National Historic Preservation Act, as amended, 16 U.S.C. § 470f , the Agency and cooperating municipalities, in connection with federal-aid projects affecting historic bridges, are authorized to enter into preservation easement agreements.

HISTORY: Added 1999, No. 18 , § 22, eff. May 13, 1999.

History

References in text.

Section 106 of the National Historic Preservation Act, as amended, 16 U.S.C. § 470f , referred to in this section was repealed by Pub. L. No. 113-287, § 7, eff. December 19, 2014.

Chapter 16. Utility Relocations in Connection with Certain Highway Projects

§ 1601. Declaration of policy.

The purpose of this chapter is to set standards for determining when and to what extent the authority granted by section 1603 of this title may be exercised.

HISTORY: Added 1995, No. 60 , § 25, eff. April 25, 1995.

ANNOTATIONS

Municipal powers.

Statutes governing “Utility Relocations in Connection with Certain Highway Projects” are silent as to the permissible sources of city funds. In light of the charter’s express grant of authority to the City of Burlington to charge just and reasonable sums for the purpose of erecting and maintaining any poles, wires or any other apparatus in or under the surface of city streets, the statutes do not prohibit the City from requiring a utility to pay the City’s statutory share of the differential costs. City of Burlington v. Fairpoint Communs., 2009 VT 59, 186 Vt. 332, 980 A.2d 226, 2009 Vt. LEXIS 57 (2009).

City of Burlington had the power to impose “undergrounding” costs on a utility under a valid ordinance enacted pursuant to the charter; thus, the charter, which was the most specific legislative enactment governing the question, would be given effect, along with the ordinance promulgated pursuant to the charter. The statutory provisions upon which the utility relied, the statute regarding lines of wires along highways and the statutes governing “Utility Relocations in Connection with Certain Highway Projects,” were less specific and, to the extent they could be read as conflicting with the charter, had to yield to it. City of Burlington v. Fairpoint Communs., 2009 VT 59, 186 Vt. 332, 980 A.2d 226, 2009 Vt. LEXIS 57 (2009).

§ 1602. Definitions.

As used in this chapter:

  1. “Environmental considerations” are requirements set forth in any applicable permit or approval issued by a federal or State agency, board, or commission responsible for the protection of scenic, natural, and historic resources.
  2. “Nondiscriminating local ordinances” are municipal ordinances that apply to similar development or construction, whether undertaken by an individual, a governmental body, or the municipality itself.
  3. “Relocation” means required adjustments of utility facilities necessitated by planned highway maintenance or construction activities. “Normal relocation” means constructing a replacement facility, in kind, that is both functionally equivalent to the existing facility and necessary for the continuous operation of the utility service, highway project economy, or sequence of highway construction or maintenance.
  4. “Safety considerations” are requirements set forth in any applicable permit or approval issued by a federal or State agency, board, or commission responsible for highway and traffic safety.
  5. “Utility” means privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power electricity, light, heat, gas, oil, crude products, water, steam, waste, stormwater not connected with the highway drainage or any other similar commodity, including any fire or police signal system or highway lighting system, which directly or indirectly serves the public. The term “utility” also shall mean the utility company inclusive of any wholly owned or controlled subsidiary.

HISTORY: Added 1995, No. 60 , § 25, eff. April 25, 1995; amended 2021, No. 20 , § 106.

History

Amendments

—2021. Substituted “As used in this chapter” for “The following words and phrases as used in this chapter shall have the following meanings” in the introductory language.

§ 1603. Authority to pay for certain utility relocation costs.

When relocation of a utility is required by a project for the improvement, construction, or reconstruction of a highway under chapter 15 of this title, the Agency or a municipality, or both, may pay for some or all of the cost of the relocation.

HISTORY: Added 1995, No. 60 , § 25, eff. April 25, 1995.

§ 1604. Applicability.

  1. Eligibility for reimbursement of utility relocation costs incurred for highway projects that advance to the construction phase after April 25, 1995 shall be determined in accordance with the standards provided in this chapter.
  2. The reimbursement provisions of this chapter only apply to “utilities,” as defined in section 1602 of this title.
  3. Unless the context clearly indicates otherwise, this chapter shall be applied in conjunction with regulations of the U.S. Department of Transportation, Federal Highway Administration, 23 C.F.R. Part 645-Utilities, as may be amended.

HISTORY: Added 1995, No. 60 , § 25, eff. April 25, 1995; amended 2021, No. 20 , § 107.

History

Amendments

—2021. Subsec. (a): Substituted “April 25, 1995” for “the effective date of this act”.

Subsec. (c): Substituted “U.S. Department of Transportation” for “United States Department of Transportation” and “may be” for “from time to time”.

Application of 19 V.S.A. § 1512 to utility relocations for certain highway projects. 1995, No. 60 , § 26(b), eff. April 25, 1995, provided: “Notwithstanding 19 V.S.A. § 1604 , the following highway projects shall continue to be governed by the former 19 V.S.A. § 1512 and the rules adopted by the agency of transportation under that section:

“(1) those highway projects that advance to the construction phase prior to the effective date of this act; and

“(2) those highway projects in the transportation capital program for fiscal year 1996 or the transportation project development plan for fiscal years 1997-2000 determined by the agency of transportation to be subject to nondiscriminating local ordinances that were in effect on March 15, 1995.”

§ 1605. Eligibility.

  1. Adjustment of utility facilities may be eligible for reimbursement under this chapter when the required design and installation of utility facilities exceed normal relocation requirements as the result of the highway project’s need to address environmental considerations, nondiscriminating local ordinances, safety considerations, or other requirements found to be applicable by the Agency of Transportation. Before finding adjustment of utility facilities to be eligible for reimbursement under this chapter, the Secretary shall make a determination that options other than placing the utilities underground have been considered. Alternative aerial relocation may be eligible for reimbursement in accordance with section 1606 of this title.
  2. Adjustment of utility facilities shall continue to be eligible for reimbursement under existing law when:
    1. relocation is required by construction or reconstruction of limited access facilities; or
    2. affected utility facilities are located on private property and the utility holds a fee or nonterminable easement in its existing location; or
    3. affected municipal utility facilities are located within municipal highway rights-of-way.

HISTORY: Added 1995, No. 60 , § 25, eff. April 25, 1995; amended 1995, No. 183 (Adj. Sess.), § 18e, eff. May 22, 1996.

History

Amendments

—1995 (Adj. Sess.) Subdiv. (b)(3): Deleted “and the municipality holds the right-of-way in fee” at the end of the subdiv.

§ 1606. Reimbursement.

  1. Except as provided in section 1605 of this title, normal relocation required by highway maintenance operations or highway construction projects is not eligible for reimbursement.
  2. Where the eligibility criteria set forth in section 1605 of this title are met, the differential costs over and above normal relocation cost shall be apportioned on a 50/50 basis between the Agency and the municipality. The Agency may waive the requirement for municipal participation for projects located on the State highway system.
  3. Oversize or other-than-normal relocation installations undertaken for the sole benefit of the utility shall be considered as betterments and shall not qualify for reimbursement.

HISTORY: Added 1995, No. 60 , § 25, eff. April 25, 1995.

§ 1607. Repealed. 2009, No. 3 (Sp. Sess.), § 11a, eff. June 10, 2009.

History

Former § 1607. Former § 1607, relating to federal reimbursement for certain utility relocations, was derived from 2009. No. 54, § 55.

Chapter 17. Limited Access Facilities

CROSS REFERENCES

Tourist information services, see 10 V.S.A. chapter 21.

Community service areas, see chapter 7, subchapter 11 of this title.

§ 1701. Declaration of policy.

The General Assembly finds that limited access facilities in some areas are necessary for the preservation of the public peace, health, and safety, and for the promotion of the general welfare.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1861 .

§ 1702. Definition of a limited access facility.

For the purposes of this chapter, a “limited access facility” is defined as a highway or street over, from, or to which owners, or occupants of abutting land, or any other person have no right or easement, or only a limited right or easement, of access, light, air, or view by reason of the fact that their property abuts upon the limited access facility or for any other reason.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1862 .

ANNOTATIONS

Cited.

Cited in In re Shepard, 155 Vt. 356, 584 A.2d 421, 1990 Vt. LEXIS 241 (1990).

§ 1703. Authority to establish limited access facilities.

  1. The Agency, with the approval of the Governor, and when appropriate in cooperation with any federal, State, provincial, or local agency, or any other state or province having authority to participate in the construction and maintenance of highways, may plan, designate, establish, vacate, alter, improve, maintain, and provide limited access facilities for public use wherever the Agency, with the approval of the Governor, decides that the protection of existing businesses or traffic conditions, present or future, will justify the special facilities. To the extent not preempted by the Traffic Committee’s exercise of authority under 23 V.S.A. §  1004, the Agency may regulate limited access facilities. However, within cities and villages the Agency’s authority under this section shall be subject to such municipal consent as may be provided by law. Town highways may be designated as limited access using this title after approval of the selectboard.
  2. The Agency and the Board shall have, relative to limited access facilities, the same authority as they may at any time have relative to other highways within their jurisdiction.
  3. The Agency, with the approval of the Governor, may also make reasonable rules consistent with this title for the installation, construction, maintenance, repair, renewal, relocation, and removal of tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances, called “public utility equipment,” of any public utility within any limited access facility.
  4. Whenever the Agency determines that it is necessary that any public utility equipment located within any limited access facility should be relocated in the limited access facility or removed from the facility, the public utility owning or operating the equipment shall relocate or remove it in accordance with the order of the Agency.  The cost and expenses of the relocation or removal, including the cost of installing reused or new equipment in a new location or new locations, and the cost of any lands, or any rights or interests in lands, and any other rights, acquired to accomplish the relocation or removal, shall be determined by the Agency and paid as part of the cost of the limited access facility.  The public utility may appeal the Agency’s cost determination to the Board.  The public utility owning or operating equipment that has been relocated or removed, or its successors or assigns, may maintain and operate the equipment, with the necessary appurtenances, in the new location or new locations, for as long a period and upon the same terms and conditions, as it had the right to maintain and operate the equipment in its former location.  No utility may establish its lines or properties within the right-of-way of a limited access facility, except upon the conditions and terms prescribed by the Agency.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 16; 1995, No. 183 (Adj. Sess.), § 18f, eff. May 22, 1996.

History

Amendments

—1995 (Adj. Sess.) Subsec. (a): Deleted “regulate” following “establish” in the first sentence, added the second sentence, substituted “the agency’s” for “that” and inserted “under this section” following “authority” in the third sentence, and substituted “selectboard” for “selectmen” at the end of the fourth sentence.

—1989 (Adj. Sess.). Subsec. (a): Substituted “agency” for “board” preceding “with the approval” in two places and made other minor changes in punctuation in the first sentence.

Subsec. (b): Inserted “agency and the” preceding “board”, substituted “they” for “it” following “authority as” and “their” for “its” preceding “jurisdiction”.

Subsec. (c): Substituted “agency” for “board” preceding “with the approval”.

Subsec. (d): Substituted “agency” for “board” preceding “determines” and following “order of the” in the first sentence and following “determined by the” in the second sentence and added the third sentence.

Prior law.

19 V.S.A. § 1861a .

ANNOTATIONS

Nature of authority.

Agency of Transportation’s origination and approval or disapproval of all limited-access facilities is not mandatory. In re Shepard, 155 Vt. 356, 584 A.2d 421, 1990 Vt. LEXIS 241 (1990).

§ 1704. Design of limited access facility.

The Agency may design any limited access facility and regulate, restrict, or prohibit access as to best serve the traffic for which the facility is intended. In this connection, it may divide and separate any limited access facility into separate roadways by the construction of raised curbings, central dividing sections or other physical separations, or by designating the separate roadways by signs, markers, stripes, and other devices. No person may pass to, from, or across limited access facilities from or to abutting lands, except at such designated points as the Agency may permit and upon such terms and conditions as it may specify.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 16.

History

Amendments

—1989 (Adj. Sess.). Substituted “agency” for “board” preceding “may design” in the first sentence and preceding “may permit” in the third sentence.

Prior law.

19 V.S.A. § 1862a .

§ 1705. Acquisition of property.

The Agency or the town may acquire private or public property for limited access facilities and service roads, including rights of access, air, view, and light, by gift, devise, purchase, or condemnation in the same manner as it may acquire property for other highways within its jurisdiction. It shall take title in fee simple when practical. In connection with the acquisition of property for any limited access facility or portion of a facility, or service road in connection with a facility, the Agency or town may acquire an entire lot, block, or tract of land if, by so doing, the interests of the public will be best served, even though the entire lot, block, or tract is not immediately needed for the right-of-way.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 16.

History

Amendments

—1989 (Adj. Sess.). Substituted “agency” for “board” preceding “or the town” in the first sentence.

Prior law.

19 V.S.A. § 1863a .

CROSS REFERENCES

Condemnation for State highway projects, see chapter 5 of this title.

Laying out, discontinuing, and reclassifying highways, see chapter 7 of this title.

§ 1706. Disposal of property.

When any property acquired by the State for a limited access facility becomes no longer necessary, the Agency, with approval of the Governor, may sell and convey it by deed or lease. The proceeds from the sale or lease shall be deposited in the Transportation Fund.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 16.

History

Amendments

—1989 (Adj. Sess.). Substituted “state” for “board” preceding “for a limited” and “agency” for “board” preceding “with approval” in the first sentence and made minor changes in punctuation.

Prior law.

19 V.S.A. § 1864a .

CROSS REFERENCES

Abandonment of project; reconveyance, see § 31 of this title.

§ 1707. Precedence of condemnation proceedings.

Court proceedings to acquire property for limited access facilities shall take precedence over all other causes not involving the public interest in all courts, to the end that completion of limited access facilities may be expedited.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1865a .

CROSS REFERENCES

Condemnation for State highway projects, see chapter 5 of this title.

Laying out, discontinuing, and reclassifying highways, see chapter 7 of this title.

§ 1708. New and existing facilities; grade crossing eliminations.

  1. The Agency, with approval of the Governor, may designate and establish new facilities, or existing highways, as included within a limited access facility.  The Agency, with approval of the Governor, may eliminate intersections at grade of limited access facilities with existing State and town highways, by grade separation or service road, or by closing off those highways at the right-of-way boundary line of the limited access facility.
  2. After the establishment of any limited access facility, no highway that is not part of the facility shall intersect it at grade. No highway or other public way may be opened into or connected with any limited access facility without prior written consent and approval of the Board. Its approval and consent shall be given only if the Board, after conducting a public hearing and giving due consideration to the technical recommendations of the Agency, finds that the public interest will be served. Notice of the date, time, and place of the public hearing shall be given to the Secretary of Transportation, the legislative body of the municipality, the municipal planning commission, the regional planning commission, and the Agency of Natural Resources and shall be published in a newspaper having general circulation in the municipality in which the limited access facility lies.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 17; 1997, No. 144 (Adj. Sess.), § 25.

History

Amendments

—1997 (Adj. Sess.). In subsec. (b), substituted “board” for “agency”, inserted “board, after conducting a public hearing and giving due consideration to the technical recommendations of the agency, finds that the” in the third sentence, and added the fourth sentence.

—1989 (Adj. Sess.). Subsec. (a): Substituted “agency” for “board” preceding “with approval” in the first and second sentences and made minor changes in punctuation.

Subsec. (b): Substituted “agency” for “board” following “approval of the” in the second sentence.

Prior law.

19 V.S.A. § 1866a .

ANNOTATIONS

Discretion of board.

The claim by a hotel owner that the Vermont Transportation Board’s refusal to give him a curb cut to his commercial property violated 19 V.S.A. § 1708(b) was erroneous; the Board made a decision based on traffic patterns, access to the current highway, and safety to fulfill its statutory duty of reviewing whether the public interest would be served by such curb cut. In re Town of Bennington, 161 Vt. 573, 641 A.2d 1331, 1993 Vt. LEXIS 173 (1993) (mem.).

§ 1709. Local service highways.

In the development of any limited access facility, the Agency may plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service highways or designate as local service highways any existing highway and may exercise jurisdiction over local service highways in the same manner as over limited access facilities if the local service highways are necessary or desirable. The local service highways shall be separated from the limited access facility.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 17.

History

Amendments

—1989 (Adj. Sess.). Substituted “agency” for “board” preceding “may plan” in the first sentence.

Prior law.

19 V.S.A. § 1867a .

§ 1710. Commercial enterprises prohibited.

Commercial enterprises or activities for serving motorists, other than welcome centers and emergency service for disabled vehicles, are prohibited within or on any property designated as, or acquired for, or in connection with, a limited access facility.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1868a .

§ 1711. Unlawful use of limited access facilities.

A person shall not:

  1. drive a vehicle over, upon, or across any curb, central dividing section, or other separation or dividing line on limited access facilities;
  2. make a left turn, or a semicircular, or U-turn except through an opening provided for the purpose in the dividing curb section, separation, or line;
  3. drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation section, or line; nor
  4. drive any vehicle into the limited access facility from a local service road except through an opening provided for that purpose in the dividing curb, section, or line that separates the service highway from the limited access facility.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1869a .

CROSS REFERENCES

Operation of vehicles on controlled access roadways, see 23 V.S.A. § 1009 .

§ 1712. Penalty.

A person who violates section 1711 of this title shall be imprisoned for not more than 90 days or fined not more than $100.00, or both.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1870a .

§ 1713. Reimbursement of towns for loss of taxes.

A town whose grand list is reduced by reason of the State’s taking taxable real estate for limited access facilities shall be reimbursed by the State annually to the amount of taxes last assessed and payable on the real estate before the taking.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 18.

History

Amendments

—1989 (Adj. Sess.). Substituted “state’s” for “board” preceding “taking taxable”.

Prior law.

19 V.S.A. § 1871a .

CROSS REFERENCES

Grand tax lists, see 32 V.S.A. chapter 129.

§ 1714. Listers’ annual report.

The listers of a town entitled to a payment under section 1713 of this title shall report annually the material facts involved, including the amount of the tax loss by reason of the taking of real estate to the Agency, which, after determining the amount of the tax loss, shall certify the loss to the listers. Costs of this program shall be paid from the Transportation Fund. If the selectboard of a town is aggrieved by the determination of the Board, it may, within 21 days after receipt of notice by the listers, appeal to the tax commissioner.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note—

Substituted “selectboard” for “selectmen”; “is” for “are”; and “it” for “they” in the third sentence in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 1872a .

CROSS REFERENCES

Transportation Fund, see § 11 of this title.

§ 1715. Time limit.

Sections 1713 and 1714 of this title shall continue in effect as to any town affected until its grand list times its tax rate equals the grand list times the tax rate last preceding the date of the taking of real estate by the State or for a period of five years, whichever date comes first.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 19.

History

Amendments

—1989 (Adj. Sess.). Substituted “state” for “board” following “estate by the”.

Prior law.

19 V.S.A. § 1873a .

Chapter 19. Highways Relocated in Connection with Federal Projects

CROSS REFERENCES

Federal highway aid, see chapter 15 of this title.

Relocation assistance, see chapter 21 of this title.

Federal highway projects generally, see 23 U.S.C. chapter 1.

Federal real property acquisition policies and relocation assistance, see 42 U.S.C. chapter 61.

§ 1901. Purpose.

It is the purpose of this chapter to facilitate cooperation by the State and by the towns with the federal government in the acquisition of certain highway rights and facilities needed by the federal government for authorized projects or purposes, in those cases where the federal government provides the replacement for those rights and facilities at its expense.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 1951 .

§ 1902. Acceptance of highways; authority.

The selectboard, for town highways, and the Agency, for State highways, may accept from the United States of America or any agency of the United States and open for public travel any relocated or reconstructed section of those highways provided by the United States as replacement for sections of those highways acquired or to be acquired by the United States for an authorized federal project or purpose.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Revision note

—2021. Substituted “selectboard” for “selectmen” in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law.

19 V.S.A. § 1952 .

§ 1903. Relinquishment of control.

  1. The Agency may relinquish to the town in which it is located any portion of the State highway system located on land acquired or to be acquired by the United States or any agency of the United States as contemplated by section 1901 of this title.
  2. When the entire section of an existing State highway, which is replaced or to be replaced as contemplated by section 1901 of this title, is not in fact ultimately acquired by the United States, and so much of the section as is not so acquired is, in the judgment of the Board, no longer needed as a part of the State highway system, the Board may relinquish control of that portion to the town in which that portion is located. However, for the provisions of this chapter, the National System of Interstate and Defense Highways shall not be considered as a replacement for existing State highways.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 20.

History

Amendments

—1989 (Adj. Sess.). Subsec. (a): Substituted “agency” for “board” preceding “may relinquish”.

Prior law.

19 V.S.A. § 1953 .

§ 1904. Certificate to be filed.

In relinquishments under section 1903 of this title, the Secretary shall file the Agency’s certificate of relinquishment with the clerk of the town in which the relinquished highway is located, and the relinquishment shall be effective on the date of the filing unless otherwise set aside or modified under section 1905 of this title.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 21.

History

Amendments

—1989 (Adj. Sess.). Substituted “secretary” for “board” preceding “shall file” and “the agency’s” for “its” thereafter.

Prior law.

19 V.S.A. § 1954 .

§ 1905. Appeals.

A town in which a relinquishment under section 1902 of this title is to be effected, which is dissatisfied with the determination of the Agency, may appeal that determination to the Board within 30 days from the date on which the Secretary files the Agency’s certificate under section 1904 of this title. The Board, after hearing the appeal, shall make findings of fact and issue its order and may by the order affirm the determination of the Agency, set the determination aside, or establish reasonable conditions under which the Agency, if it still desires to do so in the case, may relinquish control to the town concerned. Any party may appeal the Board’s decision to the Superior Court. However, there shall be no appeal to a relinquishment under subsection 1903(a) of this title.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 21.

History

Amendments

—1989 (Adj. Sess.). Section amended generally.

Prior law.

19 V.S.A. § 1955 .

Chapter 21. Relocation Assistance

CROSS REFERENCES

Federal highway aid, see chapter 15 of this title.

Relocation in connection with federal projects, see chapter 19 of this title.

Federal relocation assistance, see 42 U.S.C. chapter 61.

§ 2101. Definitions.

As used in this chapter, unless the context clearly indicates another meaning or different intent:

  1. “Eligible person” means any individual; family; business concern, including the operation of a farm; and nonprofit organization displaced by construction on any highway project undertaken by the State of Vermont.
  2. “Individual” means a person who is not a member of a family as defined in this section.
  3. “Family” means two or more persons who are living together in the same quarters.
  4. “Business concern” means a corporation, partnership, individual, or other private entity engaged in a business or professional activity necessitating tangible property for the carrying on of the business or profession on the premises.
  5. “Moving expense” means cost of dismantling, disconnecting, crating, loading, insuring, temporary storage, transporting, unloading, reinstalling of personal property, exclusive of the cost of any additions, improvements, alterations, or other physical changes in or to any structure in connection with effecting the reinstallation.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20 , § 108.

History

Amendments

—2021. Substituted “, unless the context clearly indicates” for “the following words and terms shall have the following meanings unless the context shall clearly indicate” in the introductory language.

Prior law.

19 V.S.A. § 2001 .

§ 2102. Relocation assistance.

The Agency shall pay to eligible persons, displaced by construction of a highway project undertaken by the State of Vermont, reasonable and necessary moving expenses caused by their displacement from real property acquired for these purposes.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 2002 .

§ 2103. Fixed payments.

Instead of paying the actual relocation expenses of individuals and families, the Agency may pay fixed amounts in accordance with an approved schedule of fixed amounts. The schedule shall be of statewide application and shall provide for a graduated scale related to the size of the quarters occupied or some other uniform equitable method of scaling the payments. The schedule shall indicate whether the individuals and families are entitled only to fixed amounts or are entitled to claim reimbursement for their actual moving expenses or fixed amounts at their election.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 2003 .

§ 2104. Rules.

The Agency is authorized to adopt rules consistent with federal regulations necessary to administer this chapter.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 2015, No. 23 , § 118.

History

Amendments

—2015. Substituted “adopt” for “promulgate” preceding “rules”.

Prior law.

19 V.S.A. § 2004 .

CROSS REFERENCES

Procedure for adoption of administrative rules, see 3 V.S.A. chapter 25.

Notes to Opinions

Annotations From Former § 2004.

Effect.

Rules and regulations promulgated under the statute, if reasonable and proper for implementing the law, were binding. 1964-66 Vt. Op. Att'y Gen. 134.

§ 2105. Matching funds.

When federal funds are available for payment of direct financial assistance in situations caused by highway acquisition, the Agency may match federal funds to the extent provided by federal law and to provide direct financial assistance in the instances and on the conditions set forth by federal law and regulations.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1.

History

Prior law.

19 V.S.A. § 2006 .

Chapter 23. Bicycle Routes and Sidewalks

History

Amendments

—2009. No. 50, § 93, inserted “and Sidewalks” in the chapter heading.

CROSS REFERENCES

Construction of sidewalks, bicycle paths, and footpaths, see § 905 of this title.

Operation of bicycles generally, see 23 V.S.A. chapter 13, subchapter 12.

§ 2301. Definitions.

As used in this chapter:

  1. “Bicycle” means every pedal-driven device propelled by human power having two or more wheels on which a person may ride, including a so-called pedal vehicle that may have an enclosed cab.
  2. “Bicycle route” means any lane, way, or path, designated by appropriate signs, that explicitly provides for bicycle travel.
  3. “Bicycle lane” means a portion of a roadway that has been designated for the preferential or exclusive use of bicycles. It is distinguished from the portion of the roadway for motor vehicle traffic by a paint stripe or similar device. Paved road shoulders are considered bicycle lanes.
  4. “Bicycle path” means a separate trail or path that is for the preferential or exclusive use of bicycles, when authorized by State law or municipal ordinances. Where a trail or path forms a part of a highway, it is separated from the roadway for motor vehicle traffic by an open space or barrier.
  5. “Highways” include all facilities defined in subdivisions 1(12), (20), and (23) of this title.
  6. “Sidewalk” means the portion of a street or highway right-of-way designated for primary or exclusive pedestrian use.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61 , § 15, eff. June 3, 1993; 2009, No. 50 , § 93.

History

Revision note

—2011. In subdiv. (5) of this section, substituted “(20)” for “(18)” and “(23)” for “(21)” in light of the redesignation of these subdivisions in 2009, No. 50 , § 88.

Amendments

—2009. Subdiv. (6): Added.

—1993. Subdiv. (3): In the third sentence, substituted “paved” for “improved” preceding “road” and deleted “a” preceding “bicycle” and substituted “lanes” for “lane” thereafter.

Subdiv. (4): In the first sentence, inserted “preferential or” preceding “exclusive use of bicycles” and “when authorized by state law or municipal ordinances” thereafter.

Subdiv. (5): Amended generally.

Prior law.

19 V.S.A. § 2051 .

§ 2302. Establishment and maintenance.

The Agency may establish and maintain bicycle routes separately or in conjunction with the construction, reconstruction, or maintenance of an existing or new highway. In so doing, the Agency may use funds from any available source.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61 , § 16, eff. June 3, 1993.

History

Amendments

—1993. Section amended generally.

Prior law.

19 V.S.A. § 2052 .

§ 2303. Rules.

The Secretary may adopt rules concerning the development and use of bicycle routes, pursuant to the provisions of 3 V.S.A. chapter 25.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61 , § 17, eff. June 3, 1993.

History

Amendments

—1993. Section amended generally.

Prior law.

19 V.S.A. § 2052a .

§ 2304. Repealed. 1993, No. 61, § 24, eff. June 3, 1993.

History

Former § 2304. Former § 2304, relating to incorporation of bicycle routes in highway designs, was derived from 1985, No. 269 (Adj. Sess.), § 1. For similar provisions see § 2302 of this title.

§ 2305. Agency powers and duties.

The Agency:

  1. may acquire, in accordance with the procedures of 19 V.S.A. chapter 5 or by gift, any real property or interest in real property that shall be necessary or appropriate for the development of bicycle routes;
  2. shall assist and cooperate with regional planning commissions, municipal governments, other State agencies, and citizens’ groups in the development and construction of local and regional bicycle projects and in the application for any funds available for these projects.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61 , § 18, eff. June 3, 1993; 1997, No. 38 , § 16, eff. May 28, 1997.

History

Amendments

—1997. Subdiv. (1): Inserted “or by gift” following “V.S.A. chapter 5”.

—1993. Section amended generally.

Prior law.

19 V.S.A. § 2054 .

§ 2306. Repealed. 1993, No. 61, § 24, eff. June 3, 1993.

History

Former § 2306. Former § 2306, relating to duty of board to publish and exhibit regulations relative to bicycle routes, was derived from 1989, No. 246 (Adj. Sess.), § 22 and 1985, No. 269 (Adj. Sess.), § 1. For similar provisions see § 2303 of this title.

§ 2307. Municipalities; legislative bodies.

  1. Legislative bodies of municipalities shall have the same powers granted the Agency under sections 2302, 2303, and 2305 of this title relating to highways under their jurisdiction, and funds appropriated to municipalities under section 306 of this title may be used for the establishment of bicycle routes.
  2. In the construction, reconstruction, alteration, or repair of bicycle routes that involves the taking of private lands, the legislative body of a municipality shall follow the procedures outlined in chapter 5 or chapter 7 of this title for the taking of private land for highways.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1991, No. 175 (Adj. Sess.), § 12, eff. May 15, 1992; 1993, No. 61 , § 19, eff. June 3, 1993.

History

Amendments

—1993. Subsec. (a): Substituted “legislative bodies of municipalities” for “the legislative body of a municipality” preceding “shall have” and “sections 2302, 2303 and 2305” for “section 2305” preceding “of this title” and deleted “ways” preceding “routes” and “or paths” thereafter.

—1991 (Adj. Sess.). Subsec. (b): Inserted “or chapter 7” following “chapter 5”.

Prior law.

19 V.S.A. § 2055 .

ANNOTATIONS

Construction with other law.

It is entirely consistent to construe 19 V.S.A. § 2307(b) to require that municipalities follow 19 V.S.A. ch. 5, which governs condemnation, when taking private lands solely for bicycle routes, but to allow them to proceed under 19 V.S.A. ch. 7, which governs laying out, discontinuing, and reclassifying highways, when dominant purpose is laying out of highway, even if bicycle route is part of overall project. Munson v. City of South Burlington, 162 Vt. 506, 648 A.2d 867, 1994 Vt. LEXIS 86 (1994).

19 V.S.A. § 2307(b) does not refer to highway construction and does not purport to govern taking of private land for highway purposes; it applies where municipality seeks to construct bicycle route only. Munson v. City of South Burlington, 162 Vt. 506, 648 A.2d 867, 1994 Vt. LEXIS 86 (1994).

City proceeded properly under 19 V.S.A. ch. 7 in acquiring land for highway and then using portion of that land to develop bicycle path. Munson v. City of South Burlington, 162 Vt. 506, 648 A.2d 867, 1994 Vt. LEXIS 86 (1994).

§ 2308. Repealed. 1993, No. 61, § 24, eff. June 3, 1993.

History

Former § 2308. Former § 2308, relating to cooperating agencies, was derived from 1989, No. 246 (Adj. Sess.), § 23 and 1985, No. 269 (Adj. Sess.), § 1. See now § 2311 of this title.

§ 2309. Liability of landowner.

No landowner shall be liable for any property damage or personal injury sustained by any person who is using, for any purpose permitted by State law or by a municipal ordinance, bicycle routes or sidewalks constructed on the landowner’s property pursuant to this chapter, unless the landowner charges a fee for the use of the property. Landowner immunity from liability with regard to sidewalks under this section shall not extend to damage or injury to the extent that it arises from negligent, reckless, or willful acts of the landowner.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61 , § 20, eff. June 3, 1993; 2009, No. 50 , § 95.

History

Amendments

—2009. Added “or sidewalks” following “bicycle routes” and added the last sentence.

—1993. Substituted “who is using, for any purpose permitted by state law or by a municipal ordinance” for “operating a bicycle or riding as a passenger on a bicycle or a pedestrian walking upon” preceding “bicycle routes” and deleted “to the operator or owner of the bicycle or the pedestrian” following “fee”.

Prior law.

19 V.S.A. § 2059 .

§ 2310. Pavement of highway shoulders.

  1. Notwithstanding the provisions of section 10c of this title, it is the policy of the State to provide paved shoulders on major State highways with the intent to develop an integrated bicycle route system and make the shoulders safer for pedestrian traffic. This shall not apply to the interstate highway and certain other limited access highways.
  2. Any construction, or reconstruction, including upgrading and resurfacing projects on these highways, shall maintain or improve existing access and road surface conditions for bicycles and pedestrians along the shoulders of these highways, unless the area is adequately served by bicycle and pedestrian paths that are not located along the shoulders of these highways, or unless the Agency deems it to be cost-prohibitive.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61 , § 21, eff. June 3, 1993; 1995, No. 140 (Adj. Sess.), § 3; 2007, No. 209 (Adj. Sess.), § 10.

History

Amendments

—2007 (Adj. Sess.). Subsec. (a): Added “and make the shoulders safer for pedestrian traffic” to the end of the first sentence.

Subsec. (b): Substituted “shall maintain or improve existing access and road surface conditions for bicycles and pedestrians along the shoulders of these highways, unless the area is adequately served by bicycle and pedestrian paths that are not located along the shoulders of these highways, or unless the agency deems it to be cost-prohibitive” for “shall include paved shoulders unless the agency deems certain sections to be cost prohibitive”.

—1995 (Adj. Sess.) Subsec. (a): Added “Notwithstanding the provisions of section 10c of this title” at the beginning of the first sentence.

—1993. Subsec. (a): Inserted “bicycle route” following “integrated” in the first sentence.

Subsec. (b): Deleted “of transportation” following “agency”.

Improvement of high-use corridor segments for bicyclists. 2021, No. 55 , § 39 provides: “(a) The Agency of Transportation shall continue to improve highways consistent with 19 V.S.A. § 2310 in order to enhance safety and accessibility on highways, and in particular for high-use corridor segments identified in the On-Road Bicycle Plan prepared in April 2016, or a subsequent update.

“(b) The Agency shall consider traffic volumes, the scope of the project, and other factors such as environmental or right-of-way impacts when making improvements.”

Prior law.

19 V.S.A. § 2060 .

§ 2311. Cooperating agencies.

For the purposes of this chapter, the Agency of Natural Resources shall assist the Agency of Transportation in matters relating to the recreational use and the availability of government funds that might be used for the purposes of this chapter. The Agency of Commerce and Community Development shall assist the Agency of Transportation in matters relating to bicycle tourism.

HISTORY: Added 1993, No. 61 , § 22, eff. June 3, 1993; amended 1995, No. 190 (Adj. Sess.), § 1(a).

History

Amendments

—1995 (Adj. Sess.) Substituted “agency of commerce and community development” for “agency of development and community affairs” in the second sentence.

§ 2312. Statutory construction.

The provisions of this chapter shall not be construed to limit the powers of any governmental body under any other law or municipal charter.

HISTORY: Added 1993, No. 61 , § 23, eff. June 3, 1993.

Chapter 25. Scenic Roads

CROSS REFERENCES

State highway system generally, see §§ 14 and 15 of this title.

Town highways generally, see chapter 3 of this title.

Laying out, discontinuing, and reclassifying highways, see chapter 7 of this title.

§ 2501. State Scenic Roads and Byways; designation and discontinuance.

  1. On the recommendation of the municipalities through which a proposed or existing State Scenic Road or Byway passes and of the regional planning commissions that serve such municipalities, the Transportation Board may designate or discontinue any State highway, or portion of a State highway, as a State Scenic Road or Byway, in accordance with standards adopted by the Board by rule. The Board shall hold a public hearing on the recommendation, giving notice thereof to the municipalities and regional planning commissions, the Secretary, and the Commissioner of Tourism and Marketing, and shall submit a copy of its findings and decision to these parties within 60 days after receipt of the recommendation. The hearing shall be held in the vicinity of the proposed State Scenic Road or Byway.
  2. [Repealed.]
  3. A State Scenic Road or Byway shall not be reconstructed or improved unless the reconstruction or improvement is conducted in accordance with the Agency of Transportation’s Vermont Design Standards, as amended. Signs along State Scenic Roads and Byways shall comply with the Federal Highway Administration’s Manual on Uniform Traffic Control Devices, as amended.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 24; 1995, No. 190 (Adj. Sess.), § 1(a); 2011, No. 62 , § 23; 2011, No. 139 (Adj. Sess.), § 51(h), eff. May 14, 2012; 2015, No. 40 , § 29.

History

Amendments

—2015. Section amended generally.

—2011 (Adj. Sess.). Subsec. (b): Repealed.

—2011. Subsec. (a): Substituted “byways advisory” for “scenery preservation” preceding “council” in two places.

Subsec. (c): Substituted “is conducted in accordance with the agency of transportation’s Vermont Design Standards, as amended” for “conforms to the standards established by the agency of transportation pursuant to 10 V.S.A. § 425 ” following “improvement”.

—1995 (Adj. Sess.) Subsec. (b): Substituted “agency of commerce and community development” for “agency of development and community affairs”.

—1989 (Adj. Sess.). Subsec. (c): Inserted “agency of” preceding “transportation” and deleted “board” thereafter.

Prior law.

19 V.S.A. § 1018 .

§ 2502. Town scenic roads; designation and discontinuance.

  1. On recommendation of the planning commission of a municipality, or on the initiative of the legislative body of a municipality, a legislative body may, after one public hearing warned for the purpose, designate or discontinue any town highway or portion of a town highway as a town scenic road. Such action by the legislative body may be petitioned by the registered voters of the municipality pursuant to the provisions of 24 V.S.A. § 1973 .
  2. A town scenic road may be reconstructed or improved in a manner consistent with the Agency’s Vermont Design Standards, as amended. A class 1, 2, or 3 scenic road shall still be eligible to receive aid pursuant to the provisions of this title. Signs along town scenic roads shall comply with the Federal Highway Administration’s Manual on Uniform Traffic Control Devices, as amended.
  3. [Repealed.]

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 2011, No. 62 , § 24; 2015, No. 40 , § 29.

History

Amendments

—2015. Section amended generally.

—2011. Subsec. (b): Substituted “consistent with the agency of transportation’s Vermont Design Standards, as amended” for “consistent with the standards established by the transportation board, pursuant to 10 V.S.A. § 425 ” following “manner”.

Subsec. (c): Repealed.

Prior law.

19 V.S.A. § 1019 .

§ 2503. Register.

The Agency may annually publish a register containing a listing of all State and locally designated scenic roads and byways. Any listing shall include the mileage of each road or byway and any special, natural, historical, or scenic attractions on the road or byway.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 2015, No. 40 , § 29.

History

Amendments

—2015. In the first sentence, substituted “Agency” for “agency of transportation” and inserted “and byways” following “scenic roads” and in the second sentence, inserted “or byway” following “road” in two places.

Prior law.

19 V.S.A. § 2087 .

§ 2504. Additional funds.

The Agency, and any qualifying municipality, within the authority of State and federal law, may accept and spend any funds made available to them for the purpose of enhancing or establishing designated scenic roads or byways.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 25; 2015, No. 40 , § 29.

History

Amendments

—2015. Section amended generally.

—1989 (Adj. Sess.). Substituted “agency” for “board”.

Prior law.

19 V.S.A. § 2088 .

§ 2505. Rights of adjacent landowners.

Nothing in this chapter shall preclude the rights of a landowner from developing property adjacent to a designated scenic road or byway, so long as the development is in accordance with existing law or ordinance.

HISTORY: Added 1985, No. 269 (Adj. Sess.), § 1; amended 2015, No. 40 , § 29.

History

Amendments

—2015. Inserted “or byway” following “scenic road”.

Prior law.

19 V.S.A. § 2089 .

Chapter 26. Design-Build Contracts and Public-Private Partnerships

History

Amendments

—2017 (Adj. Sess.) 2017, No. 158 (Adj. Sess.), § 20, added “and Public-Private Partnerships” following “Contracts” in the chapter heading.

Subchapter 1. Design-Build Contracts

History

Amendments

—2017 (Adj. Sess.) 2017, No. 158 (Adj. Sess.), § 20, designated the existing provisions of this chapter, comprised of sections 2601-2606, as subchapter 1 and added the heading for that subchapter.

§ 2601. Definitions.

As used in this chapter, unless the context otherwise indicates:

  1. “Best value” means the highest overall value to the State, considering quality and cost.
  2. “Design-build contracting” means a method of project delivery where a single entity is contractually responsible to perform design, construction, and related services.
  3. “Major participant” means any entity that would have a major role in the design or construction of the project as specified by the Agency in the request for proposals.
  4. “Project” means the highway, bridge, railroad, airport, trail, transportation, building, or other improvement being constructed or rehabilitated, including all professional services, labor, equipment, materials, tools, supplies, warranties, and incidentals needed for a complete and functioning product.
  5. “Proposal” means an offer by the proposer to design and construct the project in accordance with all request-for-proposals provisions for the price contained in the proposal.
  6. “Proposer” means an individual, firm, corporation, limited-liability company, partnership, joint venture, sole proprietorship, or other entity that submits a proposal. After contract execution, the successful proposer is the design-builder.
  7. “Quality” means those features that the Agency determines are most important to the project. Quality criteria may include quality of design, constructability, long-term maintenance costs, aesthetics, local impacts, traveler and other user costs, service life, time to construct, and other factors that the Agency considers to be in the best interests of the State.

HISTORY: Added 2009, No. 50 , § 84; amended 2021, No. 20 , § 109.

History

Amendments

—2021. Deleted “, the following terms have the following meanings” in the introductory language and substituted “where” for “whereby” in subdiv. (2) and “interests” for “interest” in the second sentence of subdiv. (7).

§ 2602. Authorization.

  1. Notwithstanding section 10 of this title or any other provision of law, the Agency may use design-build contracting to deliver projects. The Agency may evaluate and select proposals on either a best-value or a low-bid basis. If the scope of work requires substantial engineering judgment, the quality of which may vary significantly as determined by the Agency, then the basis of award shall be best-value.
  2. The Agency shall identify those projects it believes are candidates for design-build contracting, including those involving extraordinary circumstances, such as emergency work, unscheduled projects, or loss of funding.
  3. The Agency retains the authority to terminate the contracting process at any time, to reject any proposal, to waive technicalities, or to advertise for new proposals if the Agency determines that it is in the best interests of the State.

HISTORY: Added 2009, No. 50 , § 84; amended 2021, No. 20 , § 110.

History

Amendments

—2021. Subsec. (c): Substituted “interests” for “interest” in the end of the subsec.

§ 2603. Prequalification.

  1. The Agency may require that entities be prequalified to submit proposals. If the Agency requires prequalification, it shall give public notice requesting qualifications from interested entities electronically through the Agency’s publicly accessible website or through advertisements in newspapers. The Agency shall issue a request-for-qualifications package to all entities requesting one in accordance with the notice.
  2. Interested entities shall supply for themselves and for all major participants all information required by the Agency. The Agency may investigate and verify all information received. All financial information, trade secrets, or other information customarily regarded as confidential business information submitted to the Agency shall be confidential.
  3. The Agency shall evaluate and rate all entities submitting a conforming statement of qualifications and select the most qualified entities to receive a request for proposals. The Agency may select any number of entities, except that if the Agency fails to prequalify at least two entities, the Agency shall readvertise the project.

HISTORY: Added 2009, No. 50 , § 84.

§ 2604. Request for proposals.

The Agency may issue a request for proposals, which shall set forth the scope of work, design parameters, construction requirements, time constraints, and all other requirements that have a substantial impact on the cost or quality of the project and the project development process, as determined by the Agency. The request for proposals shall include the criteria for acceptable proposals. For projects to be awarded on a best-value basis, the scoring process and quality criteria must also be contained in the request for proposals. In the Agency’s discretion, the request for proposals may provide for a process, including the establishment of a team to review proposals, for the Agency to review conceptual technical elements of each proposal before full proposal submittal for the purposes of identifying defects that would cause rejection of the proposal as nonresponsive. All such conceptual submittals and responses shall be confidential until award of the contract. The request for proposals may also provide for a stipend upon specified terms to unsuccessful proposers that submit proposals conforming to all request-for-proposals requirements.

HISTORY: Added 2009, No. 50 , § 84.

§ 2605. Low-bid award.

If the basis of the award of responsive proposals is low-bid, then each proposal, including the price or prices, shall be sealed by the proposer and submitted to the Agency as one complete package. The Agency shall award the design-build contract to the proposer that submits a responsive proposal with the lowest cost, if the proposal meets all request-for-proposals requirements.

HISTORY: Added 2009, No. 50 , § 84.

§ 2606. Best-value award.

  1. If the basis of the award of responsive proposals is best-value, then each proposal shall be submitted by the proposer to the Agency in two separate components: a sealed technical proposal and a sealed price proposal. These two components shall be submitted simultaneously. The Agency shall first open, evaluate, and score each responsive technical proposal, based on the quality criteria contained in the request for proposals. The request for proposals may provide that the range between the highest and lowest quality scores of responsive technical proposals must be limited to an amount certain. During this evaluation process, the price proposals shall remain sealed, and all technical proposals shall be confidential.
  2. After completion of the evaluation of the technical proposals, the Agency shall open and review each price proposal. The Agency shall develop a system for assessing the cost and quality criteria. The Agency shall award the contract to the proposer of the project representing the best value to the Agency.

HISTORY: Added 2009, No. 50 , § 84.

Subchapter 2. Public-Private Partnership Pilot

§ 2611. Pilot established; intent.

    1. The General Assembly hereby establishes a pilot program to authorize the Agency, for a time-limited period, to receive solicited and unsolicited proposals and to enter into P3 agreements if certain conditions are met. (a) (1) The General Assembly hereby establishes a pilot program to authorize the Agency, for a time-limited period, to receive solicited and unsolicited proposals and to enter into P3 agreements if certain conditions are met.
    2. Nothing in this subchapter is intended to modify any obligations or rights under any other law.
  1. Before the authority conferred under this subchapter terminates, the General Assembly intends to:
    1. review whether and how the Agency has exercised the authority and whether the P3 agreements it has entered into have served the public interest; and
    2. determine whether the authority should terminate, be extended, or be amended.
  2. If the Agency’s authority under this subchapter terminates, the General Assembly intends that:
    1. the Agency not have authority to pursue any proposal that has not resulted in a P3 agreement prior to termination of the Agency’s authority; and
    2. any P3 agreement lawfully entered into prior to termination of the Agency’s authority shall continue in effect after termination of the authority.

HISTORY: Added 2017, No. 158 (Adj. Sess.), § 20, eff. May 21, 2018.

§ 2612. Definitions.

As used in this subchapter:

  1. “Facility” means transportation infrastructure that is, or if developed, would be, within the jurisdiction of the Agency or eligible for federal-aid funding managed through the Agency.
  2. “Project” means the capital development of a facility.
  3. “Proposal” means a conditional offer of a private entity that, after review, negotiation, and documentation, and after legislative approval if required under this subchapter, may lead to a P3 agreement as provided in this subchapter.
  4. “Public-private partnership” or “P3” means an alternative project delivery mechanism that may be used by the Agency to permit private sector participation in a project, including in its financing, development, operation, management, ownership, leasing, or maintenance. As used in this subchapter, “partnership” shall refer solely to a “public-private partnership” and “partner” shall refer to the State or to the private entity participant or participants in a public-private partnership.
  5. “P3 agreement” means a contract or other agreement between the Agency and a private entity to undertake a project as a public-private partnership and that sets forth rights and obligations of the Agency and the private entity in that partnership.

HISTORY: Added 2017, No. 158 (Adj. Sess.), § 20, eff. May 21, 2018; amended 2019, No. 59 , § 24.

History

Amendments

—2019. Subdiv. (4): Added the last sentence.

§ 2613. Section 2613 repealed effective July 1, 2023. Authority.

  1. The Agency is authorized to receive unsolicited proposals or to solicit proposals to undertake a project as a public-private partnership. The Agency shall develop, and have authority to amend, criteria to review and evaluate such proposals to determine if they are in the public interest and shall review and evaluate all proposals received in accordance with these criteria. In addition to other criteria that the Agency may develop, at minimum, the criteria shall require consideration of:
    1. the benefits of the proposal to the State transportation system and the potential impact to other projects currently prioritized in the most recently adopted Transportation Program;
    2. the extent to which a proposal would reduce the investment of State funds required to advance the project that the proposal addresses; and
    3. the extent to which a proposal would enable the State to receive additional federal funding that would not otherwise be available.
  2. If the Agency determines that a proposal is in the public interest:
    1. The Agency is authorized to enter into a P3 agreement with respect to the proposal without legislative approval if:
      1. the project has been approved in the most recently adopted Transportation Program; and
      2. total estimated State funding over the lifetime of the project will be less than $2,000,000.00.
    2. For the following projects, the Agency is authorized to enter into a P3 agreement with respect to the proposal only if the Agency receives specific legislative approval to enter into the P3 agreement:
      1. a project that has not been approved in the most recently adopted Transportation Program; or
      2. a project for which total estimated State funding over the lifetime of the project will be $2,000,000.00 or more.

HISTORY: Added 2017, No. 158 (Adj. Sess.), § 20, eff. May 21, 2018; repealed on July 1, 2023 by 2017, No. 158 (Adj. Sess.), § 21.

§ 2614. Section 2614 repealed effective July 1, 2023. Legislative approval.

If the Secretary determines that a proposal that requires legislative approval under section 2613 of this title is in the public interest and should be pursued, the Secretary shall submit to the General Assembly:

  1. a description of the proposal, including:
    1. a summary of the project scope and timeline;
    2. the rights and obligations of the State and private entity partner or partners, including the level of involvement of all partners in any ongoing operations, maintenance, and ownership of a facility;
    3. the nature and amount of State funding of the project and of any ongoing State financial responsibility for ongoing maintenance or operation costs; and
    4. its effect on any project in the most recent approved Transportation Program;
  2. a statement detailing how the proposal meets the Agency’s criteria developed under this subchapter; and
  3. proposed legislation to confer authority to the Agency to enter into a P3 agreement with respect to the proposal.

HISTORY: Added 2017, No. 158 (Adj. Sess.), § 20, eff. May 21, 2018; repealed on July 1, 2023 by 2017, No. 158 (Adj. Sess.), § 21.

§ 2615. Report.

  1. Annually, on or before January 15, the Agency shall report to the House and Senate Committees on Transportation:
    1. for each P3 agreement entered into following legislative approval required under this subchapter, for as long as the agreement is in effect, a description of the current status of the project and of any substantive change to the P3 agreement since the prior year’s report; and
    2. for each P3 agreement entered into since the prior year’s report pursuant to section 2613 of this title that did not require legislative approval, a description of the P3 agreement and of the project.
  2. Notwithstanding 2 V.S.A. § 20(d) , the annual report required under this section shall continue to be required unless the General Assembly takes specific action to repeal the report requirement.

HISTORY: Added 2017, No. 158 (Adj. Sess.), § 20, eff. May 21, 2018.

Chapter 27. Private Roads

§ 2701. Intent.

The intent of this chapter is to state the responsibilities for the maintenance of a private road, in the absence of an express agreement or requirement governing such maintenance responsibilities, in accordance with the Vermont Supreme Court decision of Hubbard v. Bolieau, 144 Vt. 373 (1984), which draws upon established principles of Vermont law. This chapter will only apply to resolve conflicts regarding maintenance of private roads in the absence of an express agreement or requirement. The provisions of this chapter are not intended to abridge, enlarge, or modify any right provided under Hubbard and the common law of Vermont.

HISTORY: Added 2011, No. 123 (Adj. Sess.), § 1.

§ 2702. Private road maintenance.

In the absence of an express agreement or requirement governing maintenance of a private road, when more than one person enjoys a common benefit from a private road each person shall contribute rateably to the cost of maintaining the private road and shall have the right to bring a civil action to enforce the requirement of this section.

HISTORY: Added 2011, No. 123 (Adj. Sess.), § 1.

ANNOTATIONS

Particular cases.

There was no merit to the argument of the owners of “large lots” within a residential subdivision that they received no benefit from the roads and thus should not have to contribute. The homeowners clearly received an ongoing benefit from the homeowners’ association’s road maintenance and their continuing right to access their own property; given the benefit they received, it was equitable, and consistent with statute, for them to contribute to maintenance of the road network within the development whether they used all the roads or not. Khan v. Alpine Haven Prop. Owners' Ass'n, 2020 VT 90, 213 Vt. 453, 245 A.3d 1234, 2020 Vt. LEXIS 98 (2020).