Last month, the Vermont Superior Court ruled that the town had not
proven that the road was a town-maintained road. That requires the town
to take the land or purchase the land for the project to continue.
CHALLENGED THE TOWN
Landowners Virginia Houston and Jean Damon/Toby Richards challenged the town's claim to the road.
At issue is an estimated acre of land and a portion of the traveled way
on Reed Road. Houston owns land on one side of the road and
Damon/Richards own the other side of the road.
The select board, at a December 30 meeting, passed two motions. The
first calls for the town to pursue acquisition of the land "by means of
negotiated agreements and that Kate Williams represent the select board
in such negotiations." Williams is the chair of the select board.
The second motion, passed on December 30, calls for the town to
"commence proceedings to acquire the property it needs from Virginia
Houston and the Damon/Richards family for the Waitsfield water system
project by means of condemnation, as authorized by statute 19 V. S. A.
Chapter 7 and 24 V.S. A Chapter 89 and issue notice of commencement of
such proceedings. . . ."
HOPING FOR AGREEMENT
Williams, in an interview this week, said that she was hopeful that an
agreement could be reached with the two landowners without having to
condemn the land. She said the initial conversations with the landowners
had been productive.
"This is not something we entered into lightly," Williams said,
underscoring the town's desire to settle the issue without condemnation
but reporting that the town is firmly committed to providing the town
with a much needed water project.
While Williams negotiates with the landowners, town attorneys are at
work on the condemnation proceedings which require an appraisal of the
land the town needs as well as an initial public hearing to take public
comment and testimony on the condemnation.
FIRST HEARING
That first hearing is set for January 31. It starts at the Waitsfield
Town Offices at 4 p.m. and will immediately adjourn to a site visit on
Reed Road before reconvening at the town offices for comment. At that
hearing, the amount of money the town will pay landowners for taking the
land will be discussed. A state judge will ultimately hear the
condemnation request and will fix the actual amount the parties will be
paid.
Regardless of how Waitsfield acquires the land, either by direct
purchase or condemnation, funds for the purchase are built into the
project loan/grant package.
Williams stressed the need to move both the negotiation and condemnation
processes along swiftly, with an eye to construction on the project
beginning again next spring. Work got underway on the $7.6 million
project last fall.
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