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ACT OF THE GENERAL ASSEMBLY 2007-2008

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NO. 158.  AN ACT RELATING TO MAPPING CLASS FOUR TOWN HIGHWAYS AND TRAILS AND MASS DISCONTINUANCES OF UNMAPPED TOWN HIGHWAYS.

(S.107)

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

Sec. 1.  FINDINGS; INTENT

(a)  The general assembly finds that:

(1)  it has been unclear whether a municipality may, pursuant to 19 V.S.A. § 305(h), discontinue all town highways that are not on the sworn certificate of the description and measurement of town highways, or whether a municipality may discontinue only all town highways that are not otherwise clearly observable by physical evidence of their use as a highway or trail;

(2)  when the general assembly enacted 19 V.S.A. § 305(h), it intended this provision to apply only to those town highways that are not otherwise clearly observable by physical evidence of their use as a highway or trail.

(b)  The general assembly intends that 19 V.S.A. § 305(h) is intended to apply only to those highways that are not otherwise clearly observable by physical evidence of their use as a highway or trail.

Sec. 2.  19 V.S.A. § 302(a)(6)(A) is amended to read:

(A)  Unidentified corridors are town highways that:

(i)  have been laid out as highways by proper authority through the process provided by law at the time they were created or by dedication and acceptance; and

(ii)  do not, as of July 1, 2009 2010, appear on the town highway map prepared pursuant to section 305 of this title; and

(iii)  are not otherwise clearly observable by physical evidence of their use as a highway or trail; and

(iv)  are not legal trails.

Sec. 3.  19 V.S.A. § 305(h) is amended to read:

(h)  Notwithstanding the provisions of subchapter 7 of chapter 7 of this title, on or before July 1, 2009 2010, a municipality's legislative body may vote to discontinue all town highways that are not otherwise clearly observable by physical evidence of their use as a highway or trail and that are not included as such on the sworn certificate of the description and measurement of town highways filed with the town clerk on February 10 of that year pursuant to subsection (b) of this section.  For the purposes of this section, a town highway shall be deemed to be included on the sworn certificate of the description and measurement of town highways if:

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Approved:  May 20, 2008



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us