Vermont Statutes Title 5 Sec. 1019
Terms Used In Vermont Statutes Title 5 Sec. 1019
- Airport: means any area of land or water set aside by the Agency, any political subdivision, or person, except a restricted landing area, that is designed for the landing and take-off of aircraft, and used or to be used in the interest of the general public whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, including all appurtenant rights-of-way. See
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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.
- Board: means the Transportation Board. See
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic, including a trustee, receiver, assignee, or other similar representative. See
- Political subdivision: means any county, city, town, or other municipality. See
- Structure: means any object constructed or installed by man, including buildings, towers, smokestacks, and overhead transmission lines. See
- Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
§ 1019. Condemnation; appeals
(a) The political subdivision within which the property or nonconforming structure or use is located, or the political subdivision owning the airport or served by it, may acquire such air right, navigation easement, or other estate or interest in the property or nonconforming structure or use in question, as may be necessary, by purchase or grant or condemnation in the manner provided under 5 Vt. Stat. Ann. chapter 5 in any case in which:
(1) it is desired to remove, lower, or otherwise terminate a nonconforming structure or use;
(2) the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this chapter; or
(3) to accomplish the purpose of this chapter, it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations.
(b) If the adoption of airport zoning regulations in itself constitutes the taking of the property, or of rights in property, of any person, he or she may recover for the taking from the city or town in which the airport to which the regulations relate is situated, by petition filed in the Superior Court within two years from the time when the regulations were recorded, as provided in section 1008 of this title. If the owner of property so taken has applied for a variance within one year after the regulations were recorded, and his or her application is in whole or in part denied, he or she may file a petition for damages within one year after the mailing to him or her of a notice of the denial of his or her application, or within two years after the recording of the regulations, whichever period ends later.
(c) If any corporation, subject to regulation as a public service corporation pursuant to Title 30 or as a common carrier or railroad pursuant to part 3 or 4 of this title, is aggrieved by the adoption of airport zoning regulations, or by a direction to lower, remove, reconstruct, or equip a structure, or by taking of its property or rights in property, or by refusal to grant a variance permit it may, within 30 days after the adoption, direction, taking, or refusal, appeal to the Transportation Board and, if after notice and a hearing, the Board determines that the public safety, necessity, and convenience will be best served by the amendment or annulment of the regulation, direction, or taking, it may order the regulation, direction, or taking to be amended or annulled or may grant a variance permit as prescribed in sections 1011-1013 of this title. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 113 (Adj. Sess.), § 9; 2023, No. 6, § 21, eff. July 1, 2023.)