In accordance with the requirements of 5 V.S.A §652 and 19 V.S.A. §504(b)(2), the VermontAgency of Transportation (“VT rans”) hereby gives notice that it has filed a verified complaint with the Vermont Superior Court, Washington Unit, Civil Division seeking a judgment of condemnation for the taking by the State of Vermont of certain lands and rights therein located in the Town of Cabot in Washington County for transportation purposes under the protections of 19 V.S.A.Chapter 5 (Condemnation).

The proposed transportation project is described as follows:

“Cabot-Danville FEGC-F 028-3(26)C/3 is Contract 3 of the Cabot-Danville corridor reconstruction to bring the roadway up to National Highway System Standards. This project consists of the full-depth reconstruction of approximately 1.307 miles of US Route 2 beginning East of Mack Mountain Road and extending to a point just East of West Shore Road. The roadwaywill be widened to include 12-foot lanes and 8-foot shoulders. In addition, three (3) concrete box culverts will be installed as well as many drainage features.

It is anticipated construction for this project will consist of two (2) full construction seasons.

A two-way detour will be designed as part of the project though it should be anticipated that there will be times of one-lane alternating traffic.”

On December 2, 1997, the Vermont Agency of Transportation (“VTrans”) conducted a 19 V.S.A.§502 public hearing at the Cabot Town Office. After considering the objections, suggestions, and recommendations received from the public at the hearing, VTrans has determined that there is a necessity for the Project, as the term is defined in 5 V.S.A. § 653 and 19 V.S.A. § 501(1).

VTrans believes that the following persons are the owners of, or have an interest in the land and/or rights to be taken:

• Mr. Craig Cook & Mrs. Barbara Cook I 590 US Rt 2, West Danville, VT 05873; and

• Mr. Peter Danneberg 179 Elm St, Cabot, VT 05647

• Ms. Alison Joyal I 64 7 Gore Rd, Barre VT 05641

• Ms. Stephanie Miller I 9 Forest Drive, Albany, NY 12205

To the above persons and all other persons who may have an interest in the lands proposed to be taken:

1. THE STATE OF VERMONT IS PROPOSING TO CONDEMN PROPERTY IN WHICH YOU MAY HAVE AN INTEREST.

a. The state of Vermont, acting by and through VTrans, has filed a Verified Complaint in the Superior Court that affects your property.

2. IF YOU OBJECT TO THE VERIFIED COMPLAINT:

a. YOU MUST REPLY WITHIN 21 DAYS OR BY AUGUST 11, 2025 (WHICHEVER IS SOONER) TO PROTECT YOUR RIGHTS.

b. You must give or mail the Agency a written response called an Answer to the Agency’s attorney located at:

Assistant Attorney General
Vermont Agency of Transportation
219 North Main Street, Suite 201
Barre, Vermont 05641

c. YOU MUST ALSO GIVE OR MAIL YOUR ANSWER TO THE COURT located at:Washington County Superior Court 65 State St, Montpelier, VT 05602

3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Agency’s Verified Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Verified Complaint. If you believe the Agency should not be granted the relief asked for in the Verified Complaint, you must say so in your Answer.

4. YOU WILL LOSE YOUR RIGHT TO BE HEARD IF YOU DO NOT GIVE YOUR WRITTEN ANSWER TO THE COURT. If you do not answer within 21 days or by August 13, 2025, you will lose your right to be heard on the Verified Complaint and the necessity of the taking. If so, the Court may decide against you, and grant the Agency the right to proceed with the acquisition of your property, and/or the acquisition of other easement rights to your property.

5. THE COURT WILL SCHEDULE A FINAL HEARING ON THE VERIFIED COMPLAINT FOR NECESSITY. The Court will schedule a final hearing on the Verified Complaint if timely Answers are filed denying the necessity of the proposed taking or the public purpose of the project. The purpose of this hearing is for the Court to determine the contested issues and to hear evidence from the Agency, municipal officials, and affected property owners regarding the agency’s need to acquire the land and rights described in the Verified Complaint for the transportation project.

6. THE FINAL HEARING FOR NECESSITY IS NOT ABOUT CHALLENGING COMPENSATION. The Final Hearing is not about challenging compensation. This hearing is for the Court to determine the contested issues and to hear evidence from the Agency, municipal officials, and affected property owners regarding the Agency’s need to acquire the land and rights described in the Verified Complaint for the transportationproject.

7. IF THE COURT FINDS THE PROPOSED TAKING LAWFUL: If the Court finds the proposed taking lawful the Court shall issue a Judgment of Condemnation, declaring the right of the Agency to take the property by eminent domain and declaring that title to the property will be transferred to the Agency, once the Judgment of Condemnation is recorded, payment has been tendered or deposited, and a Notice of Taking has been issued to the property owners and/or interested persons named in the Verified Complaint.

8. IF YOU DISAGREE WITH THE AMOUNT OF COMPENSATION OFFERED BY THE AGENCY. Property owners who disagree with the amount of compensation offered by the Agency will have a later opportunity to be heard on the amount of compensation. A property owner who disagrees with a compensation award may appeal in the following manner:

a. If the owner’s demand exceeds the Agency’s offer of just compensation by $25,000.00 or less, the owner(s) may obtain a determination of damages by either:

i. Petitioning the Transportation Board, or

ii. Filing a complaint or, if applicable, a motion to re-open a Judgment of Condemnation, in Superior Court

b. If the owner’s demand exceeds the Agency’s offer of just compensation by more than $25,000.00, the owner may obtain a determination of damages by filing acomplaint or, if applicable, a motion to re-open a Judgment of Condemnation, in Superior Court. A property owner must file a petition, complaint, or motion under subdivision (1) or (2) no later than 90 days after the date of the Notice of Taking.

9. IF YOU DO NOT OBJECT TO THE VERIFIED COMPLAINT, you do not have to respond to the Verified Complaint.

10. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you cannot afford a lawyer, you should ask the court clerk for information about places where you can get free legal help. Even if you cannot get legal help, you must still give the Court and the Agency a written Answer to protect your rights or you may lose your right to be heard on the Verified Complaint and the necessity of the taking.

11. NOTICE BY PUBLICATION. The Agency will publish a notice of the Verified Complaint and the substance of the Summons in the Cabot Chronicle, a newspaper having general circulation in the town or towns in which the proposed project is located.The notice will be published once a week for three consecutive weeks on the same day of the week.

12. COPIES OF THE VERIFIED COMPLAINT AND RIGHT-OF-WAY PLANS. An interested person who wishes to obtain a copy of the Verified Complaint and the right-of -way plans pertaining to the land in which the person is interested may obtain copies by contracting the following:

Nick Wark

Right of Way & Utilities Program Manager

Vermont Agency of Transportation
219 North Main Street, Barre VT 05641
Dated at Montpelier, Vermont on this, the 21st day of July, 2025.

DocuSigned by: Joe Flynn
Joe Flynn
Secretary
Vermont Agency of Transportation