§ 2299b. Definitions

As used in this subchapter,

(1) “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. Necessity shall not be measured merely by expense or convenience to the condemning party. Due consideration shall be given to the adequacy of other property and locations and to the quantity, kind, and extent of cultivated and agricultural land which may be taken or rendered unfit for use by the proposed taking. In this matter, the court shall view the problem from both a long-range agricultural land use viewpoint as well as from the immediate taking of agricultural lands which may be involved. The court shall also consider and give effect to the policy of protecting earth resources, as set forth in 10 V.S.A. § 6086. Consideration also shall be given to the effect upon home and homestead rights and the convenience of the owner of the land, to the effect of the facility upon scenic and recreational values, and to the effect upon town grand lists and revenues.

(2) Damages resulting from the taking or use of property under the provisions of this subchapter 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” means a person who has a legal interest of record in the property affected.

(4) “Legislative body” means the board of supervisors, board of commissioners, or other governing board of a solid waste management district. (Added 1991, No. 109, § 1, eff. June 28, 1991.)