US Lawyer Database

38 §1732. Real and personal property and right of eminent domain

§1732. Real and personal property and right of eminent domain Each disposal district formed under this chapter may acquire and hold real and personal property which it deems necessary for its purposes, and is granted the right of eminent domain; and for those purposes may take and hold, either by exercising its right of eminent […]

38 §1704. Exemption from taxation

§1704. Exemption from taxation 1.  Exemption.  As formerly provided in section 1554, the property, both real and personal, rights and franchises, of any district formed under this chapter shall be exempt from taxation.   [PL 1983, c. 820, §2 (NEW).] 2.  Limitation.  Notwithstanding subsection 1, the land of any district formed under this chapter shall […]

38 §1733. Procedure in exercise of right of eminent domain

§1733. Procedure in exercise of right of eminent domain The right of eminent domain granted in section 1732 may only be exercised after complying with the following procedures.   [PL 1983, c. 820, §2 (NEW).] 1.  Notice to owner.  The district shall provide notice to the owner as follows.   A. The owner or owners […]

38 §1705. Definitions

§1705. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1983, c. 820, §2 (NEW).] 1.  Board.  [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §275 (RP).] 1-A.  Agency.  [PL 1995, c. 656, Pt. A, §27 (RP).] 2.  […]

38 §1734. Condemnation proceedings

§1734. Condemnation proceedings Each disposal district formed under this chapter, in exercising from time to time the right of eminent domain conferred upon it by section 1732, shall file in the office of the county commissioners of the county in which the property to be taken is located and cause to be recorded in the […]

38 §1706. Relationship to other law

§1706. Relationship to other law This chapter provides an additional and alternative method for carrying out the purposes of this chapter and is supplemental and additional to powers conferred by other laws, including the provisions of chapter 13, pertaining to solid waste, and is not in derogation of any powers now existing. The exercise of […]

38 §1707. Reimbursement of costs to municipalities

§1707. Reimbursement of costs to municipalities At the sole discretion of the board of directors of the district, any municipality or municipalities which fall within a district formed under this chapter shall be entitled to reimbursement of reasonable incurred costs from that district when the financial position of the district allows. The term “costs,” as […]

38 §1721. Formation

§1721. Formation The formation of a disposal district is accomplished as follows.   [PL 1995, c. 656, Pt. A, §29 (AMD).] 1.  Application by municipal officers.  The municipal officers of the municipality or municipalities that desire to form a disposal district shall file an application with the department, after notice and hearing in each municipality, […]

38 §1722. Approval and organization

§1722. Approval and organization When the residents of the municipality, or each municipality when more than one is involved, or the municipal officers, as the case may be, have voted upon the formation of a proposed disposal district and all of the other questions submitted, the clerk of each of the municipalities shall make a […]

38 §1723. Transfer of property and assets

§1723. Transfer of property and assets When the territory of a municipality falls within a disposal district which has been issued its certificate of organization and has assumed the management of and responsibility for disposal services within its territorial limits, the directors of the disposal district shall determine what disposal property or properties, if any, […]