Vermont Statutes Title 20 Sec. 11
Terms Used In Vermont Statutes Title 20 Sec. 11
- All-hazards: means any natural disaster, health or disease-related emergency, accident, civil insurrection, use of weapons of mass destruction, terrorist or criminal incident, radiological incident, significant event, and designated special event, any of which may occur individually, simultaneously, or in combination and that poses a threat or may pose a threat, as determined by the Commissioner or designee, to property or public safety in Vermont. See
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Public Safety. See
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- inhabitants: shall mean the population of the political division referred to, as ascertained by the national census last completed before the time when such population is a material fact. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Personal property: All property that is not real property.
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
§ 11. Additional emergency powers
In the event of an all-hazards event, the Governor may exercise any or all of the following additional powers:
(1) To authorize any department or agency of the State to lease or lend, on such terms and conditions and for such period as he or she deems necessary to promote the public welfare and protect the interests of the State, any real or personal property of the State government, or authorize the temporary transfer or employment of personnel of the State government to or by the U.S. Armed Forces.
(2) To enter into a contract on behalf of the State for the lease or loan, on such terms and conditions and for such period as he or she deems necessary to promote the public welfare and protect the interests of the State, of any real or personal property of the State government, or the temporary transfer or employment of personnel thereof to any town or city of the State. The chief executive or legislative branch of the town or city is authorized for and in the name of the town or city to enter into the contract with the Governor for the leasing or lending of the property and personnel, and the chief executive or legislative branch of the town or city may equip, maintain, utilize, and operate such property except newspapers and other publications, radio stations, places of worship and assembly, and other facilities for the exercise of constitutional freedom, and employ necessary personnel in accordance with the purposes for which such contract is executed; and may do all things and perform all acts necessary to effectuate the purpose for which the contract was entered into.
(3) To seize, take, or condemn property for the protection of the public or at the request of the President, or his or her authorized representatives including:
(A) All means of transportation;
(B) All stocks of fuel of whatever nature;
(C) Food, clothing, equipment, materials, medicines, and all supplies;
(D) Facilities, including buildings and plants; provided that neither this nor any other authority in this chapter shall be deemed to authorize the eviction of a householder and his or her family from their own home.
(4) To sell, lend, give, or distribute all or any such property among the inhabitants of the State and to account to the State Treasurer for any funds received for such property.
(5) To make compensation for the property seized, taken, or condemned on the following basis:
(A) In case property is taken for temporary use, the Governor, at the time of the taking, shall fix the amount of compensation to be paid for the property, and in case the property is returned to the owner in a damaged condition or shall not be returned to the owner, the Governor shall fix the amount of compensation to be paid for the damage or failure to return. Whenever the Governor deems it advisable for the State to take title to property taken under this section, the Governor shall forthwith cause the owner of the property to be notified of the taking in writing by registered mail, postage prepaid, and forthwith cause to be filed a copy of the notice with the Secretary of State.
(B) Any owner of property of which possession has been taken under the provisions of this chapter to whom no award has been made or who is dissatisfied with the amount awarded him or her by the Governor may file a petition in the Superior Court within the county wherein the property was situated at the time of taking to have the amount to which he or she is entitled by way of damages or compensation determined, and either the petitioner or the State shall have the right to have the amount of such damages or compensation fixed after hearing by three disinterested appraisers appointed by the court, and who shall operate under substantive and administrative procedure to be established by the Superior judges. If the petitioner is dissatisfied with the award of the appraisers, he or she may appeal the award to the Superior Court and thereafter have a trial by jury to determine the amount of the damages or compensation. The court costs of a proceeding brought under this section by the owner of the property shall be paid by the State, and the fees and expenses of any attorney for the owner shall also be paid by the State after allowances by the court in which the petition is brought in an amount determined by the court. The statute of limitations shall not apply to proceedings brought by owners of property under this section for and during the time that any court having jurisdiction over the proceedings is prevented from holding its usual and stated sessions due to conditions resulting from emergencies described in this chapter.
(6) To perform and exercise other functions, powers, and duties as necessary to promote and secure the safety and protection of the civilian population. (Amended 1959, No. 23, § 3, eff. March 6, 1959; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1985, No. 4, eff. March 9, 1985; 2005, No. 209 (Adj. Sess.), § 12; 2021, No. 20, § 117.)