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H.544

AN ACT RELATING TO THE PROCESS FOR LOCATING AND ALTERING MUNICIPAL LINES

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  24 V.S.A. chapter 47 is amended to read:

Chapter 47.  Town municipal Lines

§ 1461.  PETITION TO THE SUPERIOR COURT LOCATION OR

ALTERATION OF MUNICIPAL LINES; MONUMENTS

(a)  When the legislative bodies of adjoining municipalities are able to agree as to the location of a municipal line, each legislative body shall vote in meetings duly warned for the purpose to adopt the location.  Prior to the vote, each legislative body shall hold at least one public hearing duly warned for the purpose of informing the public of, and allowing public comment on, the location of the line.  Following the meetings, the legislative bodies shall conduct a survey of the municipal line and file certified copies of the minutes of the meetings,, the survey, and a list of property owners, the legal location of whose property is changed by the agreement, with the secretary of state, the clerk of each of the municipalities, and the Vermont enhanced 911 board.

(b)  When the selectmen legislative bodies of the adjoining towns municipalities are unable to agree as to the location of a town municipal line, or in the absence of a clearly definable charter line, one of the board of selectmen may bring a petition to the superior court for the appointment of commissioners to locate such line.  The court shall appoint three disinterested persons as commissioners, at least one of whom shall be a practical and competent surveyor the legislative bodies shall sign a written agreement to submit to arbitration pursuant to chapter 192 of Title 12.  

(1)  If an award of arbitration does not alter a municipal line, the award shall be filed with the secretary of state and the clerk of each of the municipalities.

(2)  If an award of arbitration would result in an alteration of a municipal line, the award shall require that a survey be conducted of the municipal line and apportion the cost of the survey between or among the respective municipalities as deemed appropriate.  Following the survey, one or more of the legislative bodies shall petition the general assembly to adopt the alteration of the municipal line pursuant to the survey.  Following enactment of legislation which alters a municipal line, the legislative bodies shall file the survey and a list of property owners, the legal location of whose property is changed by the award, with the secretary of state, the clerk of each of the municipalities, and the Vermont enhanced 911 board.

(c)  When the legislative bodies of adjoining municipalities are able to agree as to the location of a municipal line and one or more of the legislative bodies believes that alteration of the existing line or the establishment of a new line is necessary, the legislative bodies shall conduct a survey of the new municipal line.  Following the completion of the survey, one or more of those legislative bodies shall petition the general assembly to establish the location of the municipal line.  Following the enactment of legislation which ratifies the alteration of the municipal line, the legislative bodies shall file the survey and a list of property owners, the legal location of whose property is changed by the legislation, with the secretary of state, the clerk of each of the municipalities, and the Vermont enhanced 911 board.

(d)  When the general assembly enacts legislation which ratifies a survey of a municipal line, it may appropriate funds sufficient to monument those municipal lines at the points on the municipal lines where the lines change direction.  If the legislative body of a municipality desires additional monuments, it shall provide funds for those monuments at the expense of the municipality.

(e)  A survey required by this section shall be conducted by a land surveyor licensed in this state.

(f)  The secretary of state, in consultation with the agency of transportation, shall develop a process for requesting proposals for surveying for use by municipalities.

(g)  Upon receipt of a list of property owners filed pursuant to subdivisions (a), (b) or (c) of this section, a municipal clerk shall file the list in the land records of the municipality and shall place in the grantee index of those records the names of property owners whose land or portion thereof has been added to the municipality and in the grantor index of those records the names of property owners whose land or portion thereof has been subtracted from the municipality.

Sec. 2.  REPEAL

2 V.S.A. § 17 (petitions for alteration of town and county lines); 24 V.S.A. § 1462 (procedure for ascertaining town lines); 24 V.S.A. § 1463 (recording and effect of proceedings for town lines); and 24 V.S.A. § 1464 (exception as to government lands for town lines) are repealed.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us