Vt. Stat. Ann. tit. 5, § 3535
Right of action on nonpayment of damages
Redline — July 1, 2021 → current.View current text →
Current — July 1, 2022
As of July 1, 2021
When a railroad corporation has entered upon and used land and real estate for the construction and accommodation of its railroad and has, by its engineers, agents, or servants, entered upon land contiguous to the railroad or the works connected therewith and taken materials to use in the construction of its road, and has not paid the owner therefor nor, within two years from such entry, had the damages appraised by commissioners and an award made and delivered, a person claiming damages, within six years after such entry, may bring an action therefor before a Superior Court. An answer justifying the entry under the act incorporating the company shall not bar the action, but the plaintiff shall recover only his or her actual damages.
When a railroad corporation has entered upon and used land and real estate for the construction and accommodation of its railroad and has, by its engineers, agents, or servants, entered upon land contiguous to the railroad or the works connected to the railroad and taken materials to use in the construction of its road, and has not paid the owner for those materials nor, within two years from entry, had the damages appraised by commissioners and an award made and delivered, a person claiming damages, within six years after the entry, may bring an action for damages before a Superior Court. An answer justifying the entry under the act incorporating the company shall not bar the action, but the plaintiff shall recover only actual damages.
Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 57.
Official source: Vermont General Assembly. Reproduced from public-domain Vermont statutes; confirm against the official source for the current text. Not legal advice.