Vermont Statutes Title 19 Sec. 506
Terms Used In Vermont Statutes Title 19 Sec. 506
- Agency: means the Agency of Transportation. 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.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Grantor: The person who establishes a trust and places property into it.
- 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. See
- Person: includes a municipality or State agency. See
- property owner: means a person who has a legal interest of record in the property taken or proposed to be taken. See
- real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
- 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
- Town: includes incorporated villages and cities. See
§ 506. Recording of judgment or notice of condemnation; payment; vesting of title
(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:
(A) 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
(B) 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.
(b) 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.
(c) 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.
(d) 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 Vt. Stat. Ann. chapter 17 governing the composition and recording of project layout plats.
(e) [Repealed.] (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 150 (Adj. Sess.), § 8; 2007, No. 75, § 26; 2011, No. 126 (Adj. Sess.), § 2.)