An Act To
Maine Legislature, Session 129, LD 0390
Committee Amendment CA_A_H662 (House)
Amends: 17 MRSA §2851, 17 MRSA §2859

COMMITTEE AMENDMENT •A" to H.P. 299, L.D. 390, Bill, "An Act To 
Amend the Laws Governing Dangerous Buildings" 
Amend the bill by striking out everything after the title and inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, a municipality, or a county on behalf of an unorganized or deorganized 
area, that has adjudged a building to be a nuisance or dangerous does not have clear legal 
authority to file a writ of attachment in Superior Court to recover the costs incurred by the 
municipality or the county in abating the nuisance or the dangerous building; and 
Whereas, further delay in permitting a municipality or a county to file a writ of 
attachment to recoup expenses incurred in remediating a nuisance or dangerous building 
places a strain on the ability of a municipality or a county to meet its other financial 
obligations; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17 MRSA §2851, first 1, as amended by PL 2017, c. 136, §1, is further 
amended to read: 
The municipal officers in the case of a municipality or the county commissioners in 
the case of the unorganized or deorganized areas in their county may after notice pursuant 
to section 2857 and hearing adjudge a building to be a nuisance or dangerous, in 
accordance with subsection 2-A, and may make and record an order, in accordance with 
subsection 3, prescribing what disposal must be made of that building. The order may 
allow for delay of disposal if the owner or party in interest has demonstrated the ability 
and willingness to satisfactorily rehabilitate the building. If an appeal pursuant to section 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'it" to H.P. 299, L.D. 390 
2852 is not filed or, if an appeal pursuant to section 2852 is filed and the Superior Court 
does not order, stay or overturn the order to dispose of the building, the municipal 
officers or the county commissioners shall cause the nuisance to be abated or removed in 
compliance with the order. After recording an attested copy of the notice required by 
section 2857 in the registry of deeds located within the county where the building is 
situated. the municipality or the county may seek a writ of attachment of the property on 
which the building is located in accordance with Title 14. chapter 507 and the Maine 
Rules of Civil Procedure. 
Sec. 2. 17 MRSA §2851, sub-§4, as amended by PL 2017, c. 136, §1, is further 
amended to read: 
4. Proceedings in Superior Court. In addition to proceedings before the municipal 
officers or the county commissioners, the municipality or the county may seek an order of 
demolition by filing a complaint in the Superior Court situated in the county where the 
building is located. The complaint must identify the location of the property and set forth 
the reasons why the municipality or the county seeks its removal. 
Service of the 
complaint must be made upon the owner and parties in interest in accordance with the 
Maine Rules of Civil Procedure. After hearing before the court sitting without a jury, the 
court shall issue an appropriate order and, if it requires removal of the building, it shall 
award costs as authorized by this subchapter to the municipality or the county. The 
municipality or the county may petition the court for a writ of attachment of the property 
on which the building is located in accordance with Title 14. chapter 507 and the Maine 
Rules of Civil Procedure. Appeal from a decision of the Superior Court is to the law 
court in accordance with the Maine Rules of Civil Procedure. 
Sec. 3. 17 MRSA §2859, first ,r, as enacted by PL 1981, c. 43, is amended to 
read: 
In cases involving an immediate and serious threat to the public health, safety or 
welfare, in addition to any other remedies, a municipality or a county may obtain an order 
of demolition by summary process in Superior Court, in accordance with this section. 
Sec. 4. 17 MRSA §2859, sub-§1, as amended by PL 2017, c. 136, §7, is further 
amended to read: 
1. Commencement of action. A municipality, acting through its building official, 
code enforcement officer, fire chief or municipal officers, or the county commissioners 
shall file a verified complaint setting forth such facts as would justify a conclusion that a 
building is dangerous, as described in section 2851, and shall state in the complaint that 
the public health, safety or welfare requires the immediate removal of that building. The 
municipality or the county may seek a writ of attachment of the property on which the 
building is located in accordance with Title 14, chapter 507 and the Maine Rules of Civil 
Procedure. 
Sec. 5. 17 MRSA §2859, sub-§4, as amended by PL 2017, c. 136, §9, is further 
amended to read: 
4. Hearing. After hearing, the court shall enter judgment. If the judgment requires 
removal of the building, the court shall award costs to the municipality or the county as 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 299, L.D. 390 
authorized by this subchapter. The award of costs may be contested and damages sought 
in a separate action to the extent permitted by subsection 7. 
Sec. 6. 17 MR.SA §2859, sub-§7, as amended by PL 2017, c. 136, §10, is further 
amended to read: 
7. Damages. Any complaint that either seeks damages for the wrongful removal of a 
building or challenges the award of costs must be filed no later than 30 days from the date 
of the judgment or order that is the subject of the appeal. The damages that may be 
awarded for wrongful demolition are limited to the actual value of the building at the time 
of its removal. The provisions of Title 14, section 7552 do not apply. If the municipality 
or the county prevails, the court may award it its costs in defending any appeal, which 
may include, but are not limited to, reasonable attorney's fees. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation talces effect when approved.' 
SUMMARY 
This amendment replaces the bill. It allows a municipality or county to seek a writ of 
attachment from the Superior Court when the municipality or county incurs expenses 
associated with a building found to be a nuisance or dangerous. The amendment adds 
references to "county" or "county commissioners" where the word or phrase was 
inadvertently omitted. 
This amendment also adds an emergency preamble and emergency clause. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 01/21/20 ;?;Pac 
LD390 
LR273(03) 
An Act To Amend the Laws Governing Dangerous Buildings 
Fiscal Note for Bill as Amended by Committee Amendment ./J{ 1/--6 {p).) 
Committee: State and Local Government 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
This bill may increase the number of civil suits filed in the court system. 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. 
The collection of additional filing fees may increase General Fund and other dedicated revenue by minor amounts. 
LR0273(03) - Fiscal Note - Page 1 of 1