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USA Statutes : maine
Title : Title 01. GENERAL PROVISIONS
Chapter : Chapter 21. EMINENT DOMAIN (HEADING. PL 2001, c. 328, @1 (rpr))
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Title 1 - §811. Real property or interest therein may be taken (REPEALED)
Title 1: GENERAL PROVISIONS
Chapter 21: EMINENT DOMAIN (HEADING: PL 2001, c. 328, @1 (rpr))
§811. Real property or interest therein may be taken (REPEALED)
Section History:
PL 1971,
Ch. 544,
§1
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 1 - §812. Manner of taking (REPEALED)
Title 1: GENERAL PROVISIONS
Chapter 21: EMINENT DOMAIN (HEADING: PL 2001, c. 328, @1 (rpr))
§812. Manner of taking (REPEALED)
Section History:
PL 1971,
Ch. 544,
§1
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 1 - §813. Procedure (REPEALED)
Title 1: GENERAL PROVISIONS
Chapter 21: EMINENT DOMAIN (HEADING: PL 2001, c. 328, @1 (rpr))
§813. Procedure (REPEALED)
Section History:
PL 1971,
Ch. 544,
§1
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 1 - §814. Purchase of real estate
Title 1: GENERAL PROVISIONS
Chapter 21: EMINENT DOMAIN (HEADING: PL 2001, c. 328, @1 (rpr))
§814. Purchase of real estate
1. Expansion in the Capitol Area. Whenever the Governor determines that public exigencies require the construction of additional buildings, structures, parking
spaces or other facilities for the expansion of State Government in the Capitol Area, the Governor may purchase or take by
eminent domain real estate in Augusta.
[1991, c. 824, Pt. A, §1 (new).]
2. Capitol Area defined. The Capitol Area is defined as the following described premises:
A. The west side of Kennebec River as follows: Beginning at the intersection of the easterly line of Florence Street with the
northerly line of Capitol Street; thence easterly along said northerly line of Capitol Street to a point of 150 feet westerly
of the intersection of the westerly line of Federal Street projected northerly across said Capitol Street and said northerly
line of Capitol Street; thence southerly and parallel to said westerly line of Federal Street about 800 feet to Kennedy Brook;
thence following the thread of the stream generally easterly to its intersection with the northerly property line of the land
of the State of Maine, being part of the Motor Vehicles premises; thence westerly about 60 feet along said property line;
thence southerly along said property line about 155 feet; thence easterly along said property line about 140 feet; thence
southerly along said property line about 120 feet to the northerly line of Manley Street; thence diagonally and southwesterly
across Manley Street to its intersection with the northwesterly corner of other land of the State of Maine; thence southerly
along said property line extended to the northerly line of Glenwood Street; thence along said Glenwood Street easterly to
the westerly line of State Street; thence northerly along said State Street about 150 feet to a point opposite the northerly
line of Britt Street; thence across State Street and along the northerly line of said Britt Street easterly to its intersection
with property of Augusta Sanitary District; thence northerly and easterly as said property line may run to its intersection
with the Kennebec River; thence along said river northerly as the same may run to its intersection with the southerly line
of Highway Route 201; thence southwesterly along said highway line, as the same may run, to the easterly line of State Street
at its intersection with Memorial Traffic Circle; thence across State Street in a northwesterly direction to the southeasterly
line of Grove Street at its intersection with Memorial Traffic Circle; thence southwesterly along said Grove Street to the
northerly line of Higgins Street; thence across Grove Street; thence southerly along Grove Street to its intersection with
the northerly line of Wade Street; thence westerly about 400 feet in a straight line along Wade Street and its northerly line
extended to the westerly line of Sewall Street; thence southerly along Sewall Street to the northerly line of Wade Street
where it intersects the westerly line of Sewall Street; thence westerly along the northerly line of Wade Street and thence
continuing in a straight line westerly and parallel to Capitol Street to the easterly line of Florence Street; thence southerly
along Florence Street to the point of beginning; and
[1991, c. 824, Pt. A, §1 (new).]
B. The east side of the Kennebec River as follows: Beginning at a point at the intersection of the northerly line of the Old
Arsenal Grounds with the westerly line of Hospital Street; thence westerly along said northerly line of the Old Arsenal Grounds
1,680 feet to a point at the Kennebec River; thence following the river generally southwesterly to a point where a projected
northeasterly line of Kelton Road would meet the river, being a point 2,185 feet, more or less, from the intersection of said
road and the northwesterly line of Hospital Street; thence southeasterly to and along the projected northwesterly line of
Kelton Road from the river to a point on the southwest corner of the lands of the Augusta Sanitary District 564.19 feet, more
or less, from the intersection of Kelton Road and Hospital Street; thence northeasterly at an interior angle of 89` 20' a
distance of 84.88 feet to a point; thence southeasterly at an interior angle of 90` a distance of 76.09 feet to a point; thence
northeasterly at an interior angle of 270` a distance of 98.74 feet to a point; thence at an interior angle of 90` 20' a distance
of 212.8 feet, more or less, on a line bearing S 61` 20' E to a point; thence southwesterly at an interior angle of 90` a
distance of 36.06 feet, more or less, to a point on the northerly line of the Augusta Sanitary District property; thence in
an easterly direction at an angle 90` and a distance of 128.42 feet, more or less, to a point; thence in a northerly direction
at an angle of 90` a distance of 73 feet to a point; thence in an easterly direction at an angle of 90` and a distance of
143 feet, more or less, to a point on the westerly line of Hospital Street; thence northeasterly along the westerly line of
Hospital Street 3,125 feet to a point on the southeast corner of the lands of the City of Augusta; thence westerly at right
angle 185 feet to a point; thence southerly at right angle 25 feet to a point; thence westerly at right angle 115 feet to
a point; thence northerly at right angle 140 feet to a point; thence easterly at right angle 115 feet to a point; thence northerly
at right angle 20 feet to a stone bound; thence easterly at right angle 185 feet to the westerly line of Hospital Street;
thence northerly along the westerly line of Hospital Street 380 feet, more or less, to the point of beginning.
[1991, c. 824, Pt. A, §1 (new).]
[1991, c. 824, Pt. A, §1 (new).]
3. Procedure. All proceedings under this section must be in accordance with Title 35-A, chapter 65.
[1991, c. 824, Pt. A, §1 (new).]
Section History:
PL 1969,
Ch. 380,
§
(RPR).
PL 1971,
Ch. 544,
§2
(RPR).
PL 1975,
Ch. 470,
§1
(RPR).
PL 1975,
Ch. 771,
§4
(AMD).
PL 1989,
Ch. 502,
§A1
(AMD).
PL 1991,
Ch. 538,
§1
(AMD).
PL 1991,
Ch. 824,
§A1
(RPR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 1 - §815. Abandonment of purpose; rights of condemnee
Title 1: GENERAL PROVISIONS
Chapter 21: EMINENT DOMAIN (HEADING: PL 2001, c. 328, @1 (rpr))
§815. Abandonment of purpose; rights of condemnee
Notwithstanding any other provision of law, if an entity that has taken property by eminent domain fails to use the property
for the project or purpose for which that property was taken, the condemnee or the condemnee's heirs have a right of first
refusal to purchase the property as provided in this section. The right may be exercised at a price equal to the total compensation
paid to the condemnee for the taking plus an adjustment for any improvements made to the property and for changes in inflation
based upon the Consumer Price Index as defined in Title 36, section 5402, subsection 1. The right of first refusal automatically
terminates once the property is used for the project or purpose for which that property was taken. The purpose of a taking
may be passive in nature, including conservation or preservation.
[2001, c. 328, §2 (new).]
1. Reaffirmation of public purpose. If a property has not been used for the purpose for which it was taken after 8 years from the date of condemnation, the
entity must reaffirm the need to retain the property for that purpose by giving notice to the public of its continuing intent
to use the property for that purpose. Notice to the public is by publication twice consecutively in a daily or weekly newspaper
having general circulation in the municipality or political subdivision in which the property is located. If the purpose
of the taking was to construct improvements, the property is deemed as being used for that purpose upon the commencement of
substantial on-site construction activity. After the initial reaffirmation, for so long as the property has not been used
for the purpose for which it was taken, the entity must reaffirm the need to retain the property every 3 years. Reaffirmation
under this subsection does not constitute a retaking of the property, and this section does not require the entity to make
additional payments to the condemnee or the condemnee's heirs. If the entity fails to reaffirm the need to retain the property,
the entity must notify the condemnee or the condemnee's heirs as described in subsection 2.
[2001, c. 328, §2 (new).]
2. Notification of right of first refusal. If the need to retain the property is not reaffirmed as required by subsection 1, the entity using eminent domain must give
written notice of the right of first refusal provided by this subsection to the condemnee or the condemnee's heirs by certified
mail, return receipt requested, or by any other method that produces written evidence of receipt. Notice is sufficient under
this subsection if the signed receipt is returned or the certified mail is returned as refused by the recipient.
A. If after reasonable diligence the address of the condemnee or the condemnee's heirs can not be determined, the notice is
sufficient if it is published twice consecutively in a daily or weekly newspaper having general circulation in the municipality
or political subdivision in which the property obtained by eminent domain is located.
[2001, c. 328, §2 (new).]
B. If, within 90 days of the issuance of the written notice or the second publishing date as required by this subsection, the
condemnee or the condemnee's heirs have either refused the right of first refusal on the property or failed to respond to
the notice, then the entity may dispose of the property in any manner allowed by law free and clear from any rights provided
by this section.
[2001, c. 328, §2 (new).]
[2001, c. 328, §2 (new).]
3. Waiver of rights under this section. Notwithstanding any other provision of this section, the condemnee or the condemnee's heirs may waive or release any rights
provided under this section at any time.
[2001, c. 328, §2 (new).]
4. Exemptions. This section does not apply to property taken by eminent domain if that property:
A. Was taken in whole or in part using federal funds or the eminent domain authority to take the property was derived from
federal law;
[2001, c. 328, §2 (new).]
B. Does not meet state or municipal lot size or frontage requirements;
[2001, c. 328, §2 (new).]
C. Was taken to expand existing corridors used for transportation or utility purposes including highways, bridges, railroad
lines or utility lines; or
[2001, c. 328, §2 (new).]
D. Was taken before October 1, 2001.
[2001, c. 328, §2 (new).]
[2001, c. 328, §2 (new).]
Section History:
PL 2001,
Ch. 328,
§2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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