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Terms Used In Vermont Statutes Title 19 Sec. 775

  • Commissioner: means the Commissioner of Motor Vehicles responsible to the Secretary for the administration of the Department. See
  • Discontinued: means a previously designated town highway which through the process of discontinuance all public rights are reconveyed to the adjoining landowners. See
  • 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. See
  • Selectboard: includes village trustees and city councils. See

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