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USA Statutes : maine
Title : Title 01. GENERAL PROVISIONS
Chapter : Chapter 24. ALTERNATE RELOCATION ASSISTANCE (HEADING. PL 1981, c. 494 (new))
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Title 1 - §951. Purpose
Title 1: GENERAL PROVISIONS
Chapter 24: ALTERNATE RELOCATION ASSISTANCE (HEADING: PL 1981, c. 494 (new))
§951. Purpose
The purpose of this chapter is to establish a policy for the treatment of persons displaced as a result of public use programs,
funded in whole or in part by public entities, for persons to whom no assistance is available under federal law or any other
provisions of state law.
[1981, c. 494 (new).]
Section History:
PL 1981,
Ch. 494,
§
(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
Title 1 - §952. Definitions
Title 1: GENERAL PROVISIONS
Chapter 24: ALTERNATE RELOCATION ASSISTANCE (HEADING: PL 1981, c. 494 (new))
§952. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[1981, c. 494 (new).]
1. Displaced person. "Displaced person" means any individual or entity who moves from a dwelling or place of business as a result of the acquisition,
in whole or in part, of any interest in the land or the structure on which or in which that dwelling or place of business
is located for a public use project:
A. By public entity;
[1981, c. 494 (new).]
B. As a result of a written order from a public entity to vacate the dwelling or place of business; or
[1981, c. 494 (new).]
C. By any individual or entity on behalf of, under agreement with or with funding from a public entity.
[1981, c. 494 (new).]
This definition shall be construed so that persons displaced as a result of public action or public participation receive
relocation benefits in cases where they are displaced as a result of an owner participation agreement or an acquisition carried
out by a private individual or entity for or in connection with a public use project, where the public entity is otherwise
empowered to acquire the property to carry out the public use.
[1981, c. 494 (new).]
2. Public entity. "Public entity" includes the State, counties, municipalities, departments, agencies and any other political subdivisions
of the State.
[1981, c. 494 (new).]
3. Public use project. "Public use project" means a project developed with the assistance, cooperation, guidance or support of any public entity,
the purpose of which is to provide facilities for the use of the public. It does not include any single business obtaining
funding or security for private funding from the United States Small Business Administration.
[1981, c. 494 (new).]
Section History:
PL 1981,
Ch. 494,
§
(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
Title 1 - §953. Offer of assistance
Title 1: GENERAL PROVISIONS
Chapter 24: ALTERNATE RELOCATION ASSISTANCE (HEADING: PL 1981, c. 494 (new))
§953. Offer of assistance
1. Written offer; terms. Within 14 days after the acquisition of real property by a public entity or any person covered by the terms of this chapter
and not less than 30 days prior to the date upon which the dwelling or place of business must be vacated, the public entity
acquiring the land or building, ordering the dwelling or place of business vacated, or on whose behalf, under whose agreement
or with whose funding the acquiring person is acting, shall make a payment to compensate any person or entity who will become
displaced for estimated:
A. Actual reasonable expenses in moving himself, his family, business, farm operation or other personal property;
[1981, c. 494 (new).]
B. Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation,
but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined
by the department; and
[1981, c. 494 (new).]
C. Actual reasonable expenses in searching for a replacement business or farm.
[1981, c. 494 (new).]
Within 14 days after the displaced person has moved, and upon presentation of documentation of items listed in paragraphs
A, B and C, the same public entity shall pay to the displaced person any actual reasonable expenses and losses in excess of
the estimated payment made previously. If the estimated payment exceeds the actual reasonable expenses and losses, the displaced
person may retain the difference.
[1981, c. 494 (new).]
2. Moving expense allowance. Any displaced person eligible for payments under subsection 1, who is displaced from a dwelling and who elects not to accept
the payments authorized by subsection 1, may receive a moving expense allowance, determined according to a schedule established
by the department, not to exceed $300, and a dislocation allowance of $200.
[1981, c. 494 (new).]
3. Fixed payment. Any displaced person eligible for payments under subsection 1, who is displaced from his place of business or from his farm
operation and who elects not to accept the payment authorized by subsection 1, may receive a fixed payment in an amount equal
to the average annual net earnings of the business or farm operation, except that such payment shall be not less than $2,500
nor more than $10,000. In the case of a business, no payment may be made under this subsection unless the department is satisfied
that the business:
A. Cannot be relocated without a substantial loss of its existing patronage; and
[1981, c. 494 (new).]
B. Is not part of a commercial enterprise having at least one other establishment not being acquired by a public entity or
individual, or private entity on behalf of, under agreement with or with funding from a public entity, which is engaged in
the same or similar business.
[1981, c. 494 (new).]
[1981, c. 494 (new).]
Section History:
PL 1981,
Ch. 494,
§
(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
Title 1 - §954. Ineligible persons
Title 1: GENERAL PROVISIONS
Chapter 24: ALTERNATE RELOCATION ASSISTANCE (HEADING: PL 1981, c. 494 (new))
§954. Ineligible persons
Persons who are qualified to receive relocation benefits under chapter 23 and the United States Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, Public Law 91-646, are not eligible for benefits under this chapter.
[1981, c. 494 (new).]
Section History:
PL 1981,
Ch. 494,
§
(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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