State Codes and Statutes

Statutes > Maine > Title38 > Title38ch17sec0 > Title38sec1734

Title 38: WATERS AND NAVIGATION

Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT

Subchapter 3: POWERS

§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 registry of deeds in the county plans of the location of all lands, real estate, easements or interest therein, with an appropriate description and the names of the owners thereof, if known. When for any reason any such district fails to acquire property which it is authorized to take and which is described in that location, or if the location so recorded is defective and uncertain, it may, at any time, correct and perfect the location and file a new description. In that case, any such district is liable in damages only for property for which the owner had not previously been paid, to be assessed as of the time of the original taking, and any such district is not liable for any acts which would have been justified if the original taking had been lawful. No entry may be made on any private lands, except to make surveys, until the expiration of 10 days from the filing, whereupon, possession may be had of all the lands, real estate, easements or interests therein and other property and rights as aforesaid to be taken, but title shall not vest in the district until payment for the property. [1983, c. 820, §2 (NEW).]

SECTION HISTORY

1983, c. 820, §2 (NEW).

State Codes and Statutes

Statutes > Maine > Title38 > Title38ch17sec0 > Title38sec1734

Title 38: WATERS AND NAVIGATION

Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT

Subchapter 3: POWERS

§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 registry of deeds in the county plans of the location of all lands, real estate, easements or interest therein, with an appropriate description and the names of the owners thereof, if known. When for any reason any such district fails to acquire property which it is authorized to take and which is described in that location, or if the location so recorded is defective and uncertain, it may, at any time, correct and perfect the location and file a new description. In that case, any such district is liable in damages only for property for which the owner had not previously been paid, to be assessed as of the time of the original taking, and any such district is not liable for any acts which would have been justified if the original taking had been lawful. No entry may be made on any private lands, except to make surveys, until the expiration of 10 days from the filing, whereupon, possession may be had of all the lands, real estate, easements or interests therein and other property and rights as aforesaid to be taken, but title shall not vest in the district until payment for the property. [1983, c. 820, §2 (NEW).]

SECTION HISTORY

1983, c. 820, §2 (NEW).


State Codes and Statutes

State Codes and Statutes

Statutes > Maine > Title38 > Title38ch17sec0 > Title38sec1734

Title 38: WATERS AND NAVIGATION

Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT

Subchapter 3: POWERS

§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 registry of deeds in the county plans of the location of all lands, real estate, easements or interest therein, with an appropriate description and the names of the owners thereof, if known. When for any reason any such district fails to acquire property which it is authorized to take and which is described in that location, or if the location so recorded is defective and uncertain, it may, at any time, correct and perfect the location and file a new description. In that case, any such district is liable in damages only for property for which the owner had not previously been paid, to be assessed as of the time of the original taking, and any such district is not liable for any acts which would have been justified if the original taking had been lawful. No entry may be made on any private lands, except to make surveys, until the expiration of 10 days from the filing, whereupon, possession may be had of all the lands, real estate, easements or interests therein and other property and rights as aforesaid to be taken, but title shall not vest in the district until payment for the property. [1983, c. 820, §2 (NEW).]

SECTION HISTORY

1983, c. 820, §2 (NEW).