An Act To Clarify the Purpose of the Notice Requirement of Land Taking by the Department of Transportation
Maine Legislature, Session 124, LD 1440
Committee Amendment CA_A_S184 (Senate)
Amends: 23 MRSA §156, 23 MRSA §157

COMMITTEE AMENDMENT" .4." to S.P. 524, L.D. 1440, Bill, "An Act To 
Clarify the Purpose of the Notice Requirement of Land Taking by the Department of 
Transportation" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 23 MRSA §156, 4th~, as repealed and replaced by PL 1991, c. 684, §2, 
is repealed and the following enacted in its place: 
An attested copy of each award must be sent immediately to the Department of 
Transportation and to the party or parties named in the award. 
The State Claims 
Commission shall state by letter sent to all parties the date it issues its decision of the 
award. If no appeal is taken within 30 days of the date of issuance of the commission 
award pursuant to section 157, the Department of Transportation shall, within 60 days 
from the date of issuance of the commission award, pay the awarded amount to the party 
or parties named in the award. 
Sec. 2. 23 MRSA §157, first~, as repealed and replaced by PL 1991, c. 684, §8, 
is amended to read: 
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 was 
forwarded by the commission. This appeal is de novo and is taken by filing a complaint 
setting forth substantially the facts upon which the case will be tried like other civil cases. 
The party appealing must provide a copy of the complaint to be filed in the Superior 
Court to the other party or parties within the same 30 days. 
Sec. 3. Application. This Act applies to appeals from an award of the State 
Claims Commission that were pending on or after January 1,2009, except that an appeal 
pending on or after January 1, 2009 but prior to the effective date of this Act for which 
notice was provided in accordance with the law in effect prior to this Act may not be 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 524, L.D. 1440 
dismissed·for failure by a party to provide a copy-of the complaint to toe other party or 
parties within 30 days of the date of issuance of the commission award.' 
SUMMARY 
The amendment; which replaces the bill, clarifies the appeals process from an award 
by the State Claims Commission. The amendment requires the State Claims Commission 
to state by letter the date it issues its decision of an award. Current law provides that any 
party or parties aggrieved by an award by the State Claims Commission may appeal to 
the Superior Court within 30 days of the issuance of the commission award. 
The 
amendment provides that the party appealing must provide a copy of the complaint to be 
filed in the Superior Court to the other party or parties within the same 30 days, and not 
to the State Claims Commission. 
The amendment also proyides that this legislation applies to appeals from an award of 
the State Claims Commission that were pending on or after January 1, 2009, except that 
. 
an appeal for which notice was provided in accordance with the law pri9r to the effective 
date of this Act may not be dismissed by the Superior Court for failure to comply with the 
new notice requirements of this legislation. 
COMMITTEE AMENDMENT 
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