Vermont Code § 30 V.S.A. § 5014

Acquisition of property
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§ 5014. Acquisition of property
The Authority may acquire real property, or any interest in it, by eminent domain
in accordance with the provisions of sections 110 through 124 of this title; provided, however, that:
(1) No property already appropriated to public use shall be so taken except to the extent
and for the purposes permitted by sections 110 through 124 of this title.
(2) No facility for the generation, transmission, or distribution of electric power and
energy owned by any person shall be so taken except for the purpose of acquiring property
or rights in it in order to permit the crossing of existing transmission or distribution
facilities. Any taking under sections 110 through 124 of this title shall be governed by the provisions of these sections that are applicable to public
utilities.
(3) No site for a project for which any utility had filed an application for a preliminary
permit or a license from the Federal Energy Regulatory Commission on or before November
1, 1977 shall be so taken until such time, if ever, that the application is denied,
and no further renewals or appeals are available to the utility, or the utility abandons
its application, permit, or license.

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