Vermont Statutes Annotated

Vt. Stat. Ann. tit. 12, § 1905 (2026)

Eminent domain; findings of damages; instructions to jury

✓ current as of May 2026

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Subchapter 001 : GENERALLY

(Cite as: 12 V.S.A. § 1905)

§ 1905. Eminent domain; findings of damages; instructions to jury

A trier of fact in proceedings to determine damages due the owner of land taken by a governmental body by eminent domain shall find separately the value of each element thereof specified in 19 V.S.A. § 501(2). When a judge submits the determination thereof to a jury, he or she shall instruct the jury that they shall bring in a special verdict on each of those elements involved in the case. (1961, No. 179.)

Notes of Decisions

Cited in 4 cases, 1973–1982 · leading case: Dunn v. State High. Bd., 370 A.2d 626 (Vt. 1977).

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Dunn v. State High. Bd., 370 A.2d 626 (Vt. 1977). · cites it 2× “However, 12 V.S.A. § 1905 requires that: [a] trier of fact in proceedings to determine damages due the owner of land taken by a governmental body by eminent domain shall find separately the value of each element thereof specified in section 221(2) of Title 19.”

Sharp v. Transp. Bd. of State of Vt., 451 A.2d 1074 (Vt. 1982). “§ 221(2); 12 V.S.A. § 1905. See, e.g., Gibson Estate v.”

Vermont Terminal Corp. v. State High. Bd., 313 A.2d 12 (Vt. 1973). “The lower court did so by allocating all of the awarded damages to the first element listed in Penna, swpra, and finding no damages for the third element.”

Kilfasset Farms Dairy, Inc. v. State High. Bd., 376 A.2d 340 (Vt. 1977). · cites it 2× “One concise issue is raised by the appeal, the supportability of a general verdict within the over-all range of expert testimony, where one of the component special verdicts required by 12 V.S.A. § 1905 and 19 V.S.A. § 221(2) is higher than any of the evidence presented.”

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