Vermont Statutes Annotated

Vt. Stat. Ann. tit. 30, § 110 (2026)

✓ current as of May 2026

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(Cite as: 30 V.S.A. § 110)

§ 110. Eminent domain; companies authorized

When it is necessary for a corporation formed under this chapter or a foreign corporation under the jurisdiction of the Public Utility Commission to acquire property within this State, or some easement or other limited right in property in order that it may render adequate service to the public in the conduct of its business, it may condemn property or right, as provided in sections 111–124 of this chapter. All other companies, as defined in sections 201 and 501 of this title, which are within the scope of sections 203 and 501 of this title, shall have the same power of condemnation and be subject to the same procedure as provided for condemnation by corporations subject to the jurisdiction of the Public Utility Commission. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1969, No. 61, eff. April 15, 1969; 1987, No. 271 (Adj. Sess.), § 17, eff. June 21, 1988; 2023, No. 85 (Adj. Sess.), § 355, eff. July 1, 2024.)

Notes of Decisions

Cited in 10 cases, 1961–2017 · leading case: Grice v. Vermont Elec. Power Co., Inc., 2008 VT 64 (Vt. 2008).

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Grice v. Vermont Elec. Power Co., Inc., 2008 VT 64 (Vt. 2008). · cites it 2× “” 30 V.S.A. § 110. Once a utility initiates a condemnation action, the Board may grant the request if the Board finds that it is necessary in order that the [utility] may render adequate service to the public in the conduct of the business which it is authorized to conduct, and…”

Vermont Elec. Power Co., Inc. v. Bandel, 375 A.2d 975 (Vt. 1977). · cites it 3× “Individual property rights not being at issue, they are not a basis for any special recognition of the property owners, nor do they support any special consideration for their protection in these proceedings.”

Farrell v. Vermont Elec. Power Co., & Vermont Transco, LLC, 2012 VT 96 (Vt. 2012). · cites it 2× “[1] As a public utility, VELCO’s authority to use the Property rests in 30 V.S.A § 110, which permits a public service corporation to condemn an easement over private property when “ necessary .”

In re Vermont Gas Sys., Inc. (William Marks, Nancy Baker, Linda Gage, Rachael Smolker, Melanie Pulley, Stephanie Spencer, & Lawrence Shelton, Appellants), 174 A.3d 1253 (Vt. 2017). · cites it 2× “Intervenors contend that the Legislature passed 30 V.S.A. § 110, the statute granting public service companies the power to condemn property, after this Court established the public use doctrine.”

Citizens Utils. Co. v. Prouty, 176 A.2d 751 (Vt. 1961). · cites it 2× “Our statute (30 V.S.A. § 110) is broad enough to permit condemnation proceedings where a contractual right exists.”

Auclair v. Vermont Elec. Power Co., Inc., 329 A.2d 641 (Vt. 1974). “30 V.S.A. § 110. This legislative grant of the general *25 power of eminent domain to these utilities was long ago held to be constitutional in George v.”

Vermont Gas Sys., Inc. v. City of Burlington, 286 A.2d 275 (Vt. 1971). “The gas company was not obligated to make any payment for this privilege, but was subject only to the requirement that public travel not be unnecessarily impeded in the laying of its pipes and appurtenances, and that the streets, sidewalks, lanes and the like should be left in…”

In Re Vermont Elec. Power Co., Inc., 2006 VT 21 (Vt. 2006). “The first three all restate claims, previously discussed, that the Board exceeded its authority under § 248 in approving a specific route for the proposed transmission line, and that as a result the Board improperly prejudged issues more properly left to a post-certification…”

Grice v. Vermont Elec. Power Co., Inc. (Vt. 2008). · cites it 2× “” 30 V.S.A. § 110. Once a utility initiates a condemnation action, the Board may grant the request if the Board finds that it is necessary in order that the [utility] may render adequate service to the public in the conduct of the business which it is authorized to conduct, and…”

In re Vermont Gas Sys., Inc. (William Marks, Nancy Baker, Linda Gage, Rachael Smolker, Melanie Pulley, Stephanie Spencer, & Lawrence Shelton, Appellants), 2017 VT 83 (Vt. 2017). “Intervenors contend that the Legislature passed 30 V.S.A. § 110, the statute granting public service companies the power to condemn property, after this Court established the public use doctrine.”

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