Procedures

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§16102. Procedures

1.  Authority to condemn.  When the location of a school lot has been legally determined by a school administrative unit, the land may be condemned:  

A. In a municipality by the municipal officer;   [PL 1981, c. 693, §§5, 8 (NEW).]

B. In a school administrative district or a regional school unit by a school board; and   [PL 2017, c. 475, Pt. C, §5 (AMD).]

C. In a community school district by the district board of trustees.   [PL 1981, c. 693, §§5, 8 (NEW).]

[PL 2017, c. 475, Pt. C, §5 (AMD).]

2.  Appraisal.  Damages for condemnation shall be determined:  

A. As provided for laying out town ways for municipalities; or   [PL 1981, c. 693, §§5, 8 (NEW).]

B. As provided for laying out county ways in Title 23, sections 2052 and 2054, for school administrative districts, regional school units and community school districts, except that notice need not be given to the Department of Transportation.   [PL 2017, c. 475, Pt. C, §6 (AMD).]

[PL 2017, c. 475, Pt. C, §6 (AMD).]

3.  Payment of damages.  The school board may take lots for school construction after payment of these damages. If the owner of the condemned property resides outside the State the damages shall be deposited in the municipal treasury for municipalities and in the county treasury for other school administrative units.  

[PL 1981, c. 693, §§5, 8 (NEW).]

4.  Description.  The school board shall cause a plan and description of the lots, as they have laid them out, to be recorded in the registry of deeds where the land lies, within 30 days of payment or deposit of damages.  

[PL 1981, c. 693, §§5, 8 (NEW).]

5.  Notice.  The school board shall serve on the owner a certified copy of the vote directing the condemnation. This notice shall be served according to the Maine Rules of Civil Procedure.  

[PL 1981, c. 693, §§5, 8 (NEW).]

SECTION HISTORY

PL 1981, c. 693, §§5,8 (NEW). PL 2017, c. 475, Pt. C, §§5, 6 (AMD).


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