Print

The Vermont Statutes Online



Title

05

:
Aeronautics and Surface Transportation Generally






Chapter

068

:
CONSTRUCTION AND OPERATION OF THE ROAD






Subchapter

001
:
LOCATION, CONDEMNATION, AND CONSTRUCTION










 

§

3540. Change after damages are paid

When the

location of a railroad is changed after the payment of damages to a landowner,

and a portion of the lands of such owner is not taken for the new location, the

lands taken for the first location shall revert to the owner. The railroad

corporation may recover from such landowner the amount so paid as damages,

deducting therefrom the damages which accrued to the owner in consequence of

locating the railroad across his or her lands, which shall be ascertained by the

transportation board. The landowner, if he or she chooses, may convey to the

corporation the land so located upon, and retain the sum so awarded. (Amended

1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)