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Terms Used In Vermont Statutes Title 24 Sec. 2299i

  • 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.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Legislative body: means the board of supervisors, board of commissioners, or other governing board of a solid waste management district. See
  • Necessity: means a reasonable need which considers the greatest public good and the least inconvenience and expense to the condemning party and to the property owner. See

§ 2299i. Effect of payment of awards

After resolution of any appeals on the issue of necessity and upon the payment or deposit of the compensation determined by the legislative body of the solid waste management district, with interest, in accordance with its determination, the district shall be the owner of the property or right described in the findings. However, when an appeal is taken on the issue of compensation only, ownership shall be an equitable title only with right of possession until there is compliance with the judgment of the Superior Court. (Added 1991, No. 109, § 1, eff. June 28, 1991.)