§151. Purposes The purposes of this subchapter are to establish an independent, impartial board composed of persons well learned in the elements that may be properly considered in the determination of fair market value of property taken in condemnation proceedings; to empower such board to make awards of just compensation in highway condemnations and to […]
§152. Composition; appointment; powers The State Claims Commission, established by Title 5, section 12004-B, subsection 5, consists of 5 members. Four of the members must be appointed by the Governor, 2 of whom must be qualified appraisers certified as general real estate appraisers pursuant to Title 32, chapter 124 and 2 of whom must be […]
§153-A. Housing for displaced persons 1. Purchase. Where a proposed highway project cannot proceed to actual construction because replacement housing is not available to displaced persons and cannot otherwise be made available, the department on behalf of the State of Maine may acquire by purchase such real property as may be necessary to construct new […]
§153-B. Property for highways; acquisition 1. Acquisition of property. The Department of Transportation, on behalf of the State, may take over and hold for the State such property as it determines necessary to: A. Lay out and establish, construct, improve or maintain, provide a change of location or alignment of or provide drainage for […]
§153-C. Acquisition of property identified in transportation planning; new bypass highway project 1. Acquisition of property. If the Department of Transportation prepares an environmental impact statement as required by the federal National Environmental Protection Act of 1969 for permitting for the location of a new bypass highway project and property will be affected by the […]
§153. Property for highways (REPEALED) SECTION HISTORY PL 1965, c. 295, §1 (AMD). PL 1965, c. 492, §1 (RPR). PL 1971, c. 593, §§20,22 (AMD). PL 1981, c. 470, §§A122,A123 (AMD). PL 1987, c. 267, §§1-4 (AMD). PL 1987, c. 395, §A93 (AMD). PL 1987, c. 735, §40 (AMD). PL 1987, c. 737, §§C67,C106 (AMD). […]
§154-A. Fair market value adjustment Any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within […]
§154-B. Coercive action In no event shall the department either advance the time of condemnation, or defer negotiations or condemnation or take any other action coercive in nature, in order to compel an agreement on the price to be paid for property or property rights. [PL 1971, c. 593, §22 (AMD).] SECTION HISTORY PL […]
§154-C. Uneconomic remnants If the acquisition of only a portion of a property would leave the owner of record with an uneconomic remnant the department may, or at the request of the owner shall, acquire by purchase or condemnation the entire property. An uneconomic remnant is a parcel of real property in which the owner […]
§154-D. Notice to vacate No person lawfully occupying real property shall be required to move from a dwelling or move his business or farm operation without at least 90 days written notice from the department of the date by which such move is required. [PL 1971, c. 593, §22 (AMD).] Any person displaced by […]
§154-E. Improvement Payment to tenants of record shall be made by the department pursuant to this section for any building, structure or other improvement which is owned by the tenant. The tenant shall be paid the fair market value which the building, structure or improvement contributes to the fair market value of the real property […]
§154-F. Special benefits In determining just compensation where special benefits are found, the owner or owners of record shall be compensated at least for the fair market value of the property and any rights or interest therein taken. [PL 1975, c. 431, §9-A (NEW).] SECTION HISTORY PL 1971, c. 593, §22 (AMD). PL 1975, […]
§154. Condemnation proceedings If the department determines that public exigency requires the taking of property or any interest in property, or is unable to purchase a property or any interest in a property, or the necessary ways and access to a property at what it considers a reasonable valuation, or if the title in a […]
§155. Negotiation The department shall have 60 days from the date of taking within which to negotiate with the owner or owners of record for an agreement as to the amount of just compensation. If within that time the owner rejects the State’s offer of just compensation, such owner may apply to the department and […]
§156. Hearing before board The State Claims Commission shall immediately enter the petition of the department upon its docket and assign a date for hearing at the earliest possible date. The chairman of the board shall assign no more than 3 members of the board for hearings, one of whom shall be an appraiser and […]
§157. Appeals The Department of Transportation or any party or parties aggrieved by an award by the State Claims Commission may appeal to the Superior Court in the county where the land is situated within 30 days from the date of issuance of the commission award. This appeal is de novo and is taken by […]
§158. Withdrawal of money deposited (REPEALED) SECTION HISTORY PL 1971, c. 593, §22 (AMD). PL 1975, c. 771, §247 (AMD). PL 1981, c. 470, §A131 (AMD). PL 1983, c. 266 (RPR). PL 1987, c. 395, §A100 (AMD). PL 1991, c. 684, §10 (RP).
§159. Interpleader If difficult questions of law should arise before the State Claims Commission as to entitlement to or apportionment of just compensation, then it is authorized to make a blanket award to all parties interested. If no appeal is taken and no agreement is reached by the parties named in the award within 60 […]
§160. Property management Any property taken or acquired for highway purposes may be leased, let or rented by the department to a displaced person pending advantageous use for highway purposes. The department may renovate and maintain property pending such advantageous use. The proceeds from leasing, letting or renting such property shall be credited to the […]
§161. Incidental expense payments 1. Reimbursement. When the department acquires real or personal property for transportation purposes, the department is not required to pay any taxes or assessments on that property. The department, as soon as practicable after the date of payment of just compensation, shall reimburse the owner from whom the property has been […]
