38 §816. Legislative findings and purpose (REPEALED)
§816. Legislative findings and purpose (REPEALED) SECTION HISTORY PL 1983, c. 417, §6 (NEW). PL 1989, c. 545, §§4-6 (AMD). PL 1993, c. 370, §4 (RP).
38 §817. Definitions
§817. Definitions As used in this Article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 417, §6 (NEW).] 1. Board. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §191 (RP).] 2. Commissioner. [PL 1989, c. 890, Pt. A, §40 (AFF); PL […]
38 §711. Yearly damages
§711. Yearly damages Such verdict or accepted report of the commissioners, and judgment thereon, shall be the measure of the yearly damages, until the owner or occupant of the lands or the owner or occupant of the mill or canal, on a new complaint to the court and by proceedings as in the former case, […]
38 §712. –security for
§712. –security for When any person whose lands are so flowed or from whose lands the water is so diverted files a complaint for ascertaining or increasing the person’s damages, or brings a civil action as provided in section 713, and moves the court to direct the owner or occupant of such mill or canal […]
38 §713. Action for unpaid damages; lien
§713. Action for unpaid damages; lien The party entitled to such annual compensation may maintain a civil action therefor against any person who owns or occupies said mill, or canal and mills supplied thereby, when the action is brought; and shall therein recover the whole sum due and unpaid, with costs; and shall have a […]
38 §714. Execution sale of land and mill
§714. Execution sale of land and mill The execution on such judgment, if not paid, may at any time within 30 days be levied on the premises subject to the lien. The officer may sell the same at public auction, or so much thereof in common with the residue as is necessary to satisfy the […]
38 §715. –redemption
§715. –redemption Any person entitled to the premises may redeem them within one year after the sale by paying to the purchaser, or the person holding under the purchaser, the sum paid therefor, with interest at the rate of 12%, deducting therefrom any rents and profits received by such purchaser, or person holding under the […]
38 §716. New complaints
§716. New complaints When either party is dissatisfied with the annual compensation established, a new complaint may be filed, and proceedings had and conducted substantially as in case of an original complaint.
38 §717. –restrictions
§717. –restrictions No new complaint shall be brought until one month after the payment of the preceding year is due and one month after notice to the other party. The other party may within that time make an offer or tender as is provided.
38 §718. –offer of increased compensation
§718. –offer of increased compensation The owner of the mill, dam or canal may within said month offer in writing to the owner of the land injured, an increase of compensation for the future. If the owner of the land does not agree to accept it, but brings a new complaint for the purpose of […]