reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §57. Cooperation and acceptance of federal funds

§57. Cooperation and acceptance of federal funds
"Title 23, United States Code," and all other Acts amendatory thereof and supplementary thereto, are assented to. The Department of Transportation is authorized and empowered to accept, for the State, federal funds apportioned under said code as amended and supplemented, to act for the State, in conjunction with the representatives of the Federal Government, in all matters relating to the location and construction of highways to be built with federal aid pursuant to said code, and to make all contracts and do all things necessary to cooperate with the United States Government in the construction and maintenance of public highways in accordance with said code, as amended and supplemented.   [PL 1971, c. 593, §22 (AMD).]
SECTION HISTORY
PL 1971, c. 593, §22 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §57-A. Acceptance of funds

§57-A. Acceptance of funds
The Department of Transportation is authorized and empowered to accept for the State funds from one or more private parties for transportation improvement needs generated by development. Such funds must be segregated and held in an account to be used as agreed by the parties. The State and its employees are not liable to any person, corporation or entity for damages arising out of any activities or contracts or for any other service or financial commitment resulting from the implementation of this section.   [PL 1991, c. 409, §1 (NEW).]
SECTION HISTORY
PL 1991, c. 409, §1 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §58. Supplies from Federal Government

§58. Supplies from Federal Government
The department is authorized and empowered to obtain from the Federal Government or any agency thereof, through purchase or gift, supplies, materials and equipment which is adaptable to highway maintenance and construction. Such supplies, materials and equipment may be sold, leased or given by the department to the several towns in the State which make a written request therefor, on such terms and conditions as the department, in its discretion, deems necessary.   [PL 1971, c. 593, §22 (AMD).]
SECTION HISTORY
PL 1971, c. 593, §22 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §59. -- uniform numbering system

§59. -- uniform numbering system
The department is authorized to cooperate with the Federal Government in formulating and adopting a uniform system of numbering or designating roads of interstate character within this State, and in the selection and erection of uniform danger signals and safety devices for the protection and direction of traffic on said highways.   [PL 1971, c. 593, §22 (AMD).]
SECTION HISTORY
PL 1971, c. 593, §22 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §60. Town cooperation

§60. Town cooperation
Towns are authorized to enter into agreements with the Department of Transportation for the expenditure of town funds for maintenance and repair of town roads. The department is authorized, when requested by towns, to accept town funds for expenditure under its direction.   [PL 1971, c. 593, §22 (AMD).]
SECTION HISTORY
PL 1971, c. 593, §22 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §61. Vacation, sale or lease of acquired land

§61. Vacation, sale or lease of acquired land
1.  Land acquired may be vacated.
The Department of Transportation may vacate any land or part of land or rights in land which have been taken or acquired for transportation purposes by executing and recording a deed, and that action shall vest the title to the lands or rights so vacated in the person in whom it was vested at the time of the taking, their heirs and assigns. The value at the time of vacation may be pleaded in mitigation of damages in any proceeding on account of that taking.
[PL 1985, c. 13 (NEW).]
2.  Land acquired may be sold.
The Governor, on recommendation of the department, may sell and convey on behalf of the State the interests of the State in property taken or acquired by purchase for transportation purposes and deemed no longer necessary for those purposes.
[PL 1985, c. 13 (NEW).]
2-A.  Easements may be conveyed.
The Department of Transportation may grant or otherwise transfer easements over property taken or acquired for transportation purposes when the department in its sole discretion determines that the conveyance of such easements is appropriate and necessary.
[PL 1999, c. 753, §1 (NEW).]
3.  Lease and use of property.
The department may make advantageous use of property acquired or taken pending that use for transportation purposes, including, but not limited to, the leasing of those interests. All such property and interests shall be deemed to be for transportation purposes and shall be exempt from taxation.
[PL 1985, c. 13 (NEW).]
4.  Proceeds from sale, lease or vacating.
The State's share of all gross proceeds from a sale, lease or vacating of property shall be deposited into the Highway Fund and shall only be expended upon allocation by the Legislature. The Federal Government's share shall be deposited in the account from which it originated.
[PL 1987, c. 735, §39 (RPR).]
SECTION HISTORY
PL 1971, c. 593, §22 (AMD). PL 1975, c. 194 (AMD). PL 1975, c. 771, §234A (AMD). PL 1985, c. 13 (RPR). PL 1987, c. 735, §39 (AMD). PL 1999, c. 753, §1 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §62. Record of locations and changes

§62. Record of locations and changes
Whenever the department shall establish and locate or change the location of a state highway or state aid highway, or any town shall establish and locate or change the location of a highway that was designated as a 3rd class highway at the time that the 3rd class highway designations were rescinded, in any county of this State where the establishing and locating change the present location of any road, the said department or the town shall cause to be filed with the county commissioners of the county in which any such road is located an accurate description or plan of its metes and bounds and courses and distances.   [PL 1975, c. 21 (AMD).]
SECTION HISTORY
PL 1971, c. 593, §22 (AMD). PL 1975, c. 21 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §63. Confidentiality of records held by the department and the Maine Turnpike Authority

§63. Confidentiality of records held by the department and the Maine Turnpike Authority
1.  Confidential records.
The following records in the possession of the department and the Maine Turnpike Authority are confidential and may not be disclosed, except as provided in this section:
A. Records and correspondence relating to negotiations for and appraisals of property; and   [PL 2011, c. 524, §5 (NEW).]
B. Records and data relating to engineering estimates of costs on projects to be put out to bid.   [PL 2011, c. 524, §5 (NEW).]
[PL 2011, c. 524, §5 (NEW).]
2.  Engineering estimates.
Engineering estimates of total project costs are public records after the execution of project contracts.
[PL 2011, c. 524, §5 (NEW).]
3.  Records relating to negotiations and appraisals.
The records and correspondence relating to negotiations for and appraisals of property are public records beginning 9 months after the completion date of the project according to the record of the department or Maine Turnpike Authority, except that records of claims that have been appealed to the Superior Court are public records following the award of the court.
[PL 2011, c. 524, §5 (NEW).]
SECTION HISTORY
PL 1971, c. 593, §22 (AMD). PL 2001, c. 158, §1 (RPR). PL 2011, c. 524, §5 (RPR).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §64. Enforcement of provisions

§64. Enforcement of provisions
The department shall cause complaint to be entered against any offender of section 3252, when the way obstructed or affected by the obstruction is maintained by the State. The forfeitures recovered in such cases shall be paid to the Treasurer of State for the use of the State Highway Maintenance Fund.   [PL 1981, c. 470, Pt. A, §121 (AMD).]
SECTION HISTORY
PL 1971, c. 593, §22 (AMD). PL 1981, c. 470, §A121 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §65. Displaced persons relocation assistance (REPEALED)

§65. Displaced persons relocation assistance
(REPEALED)
SECTION HISTORY
PL 1965, c. 433, §1 (NEW). PL 1969, c. 207, §2 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §66. Assistance provided (REPEALED)

§66. Assistance provided
(REPEALED)
SECTION HISTORY
PL 1965, c. 433, §1 (NEW). PL 1969, c. 207, §2 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §67. Moving expenses (REPEALED)

§67. Moving expenses
(REPEALED)
SECTION HISTORY
PL 1965, c. 433, §1 (NEW). PL 1969, c. 207, §2 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §68. Limits (REPEALED)

§68. Limits
(REPEALED)
SECTION HISTORY
PL 1965, c. 433, §1 (NEW). PL 1969, c. 207, §2 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §69. Determination by Land Damage Board (REPEALED)

§69. Determination by Land Damage Board
(REPEALED)
SECTION HISTORY
PL 1965, c. 433, §1 (NEW). PL 1969, c. 207, §2 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §70. Rules and regulations (REPEALED)

§70. Rules and regulations
(REPEALED)
SECTION HISTORY
PL 1965, c. 433, §1 (NEW). PL 1969, c. 207, §2 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §71. Federal Aid Safer Roads Demonstration Program (REPEALED)

§71. Federal Aid Safer Roads Demonstration Program
(REPEALED)
SECTION HISTORY
PL 1973, c. 671 (NEW). PL 1981, c. 492, §C3 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §72. Acceptance of Metropolitan Planning Funds

§72. Acceptance of Metropolitan Planning Funds
The Policy Committees as established to carry out comprehensive transportation planning activities in urbanized areas are authorized to receive and administer Federal and State Transportation Planning Funds for such planning activities. Said Policy Committees may contract with various state, local and regional agencies to carry out the provisions of Section 134, Title 23, United States Code.   [PL 1973, c. 671 (NEW).]
SECTION HISTORY
PL 1973, c. 671 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §73-A. Transportation planning incentive funding (REPEALED)

§73-A. Transportation planning incentive funding
(REPEALED)
SECTION HISTORY
PL 2007, c. 208, §1 (NEW). PL 2013, c. 36, §4 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 1: DEPARTMENT OF TRANSPORTATION › 23 §74. Freight transportation advisory council

§74. Freight transportation advisory council
1.  Purpose; membership.
The Commissioner of Transportation shall establish a freight transportation advisory council to facilitate discussion and provide insight into issues pertaining to freight transportation in the State. The commissioner shall invite no fewer than 9 people from the private sector to participate as members of the council. Membership must include representatives of various geographic areas of the State. Membership must include at least one person with experience in each of the following:
A. Commercial trucking;   [PL 2003, c. 498, §2 (NEW).]
B. Rail freight;   [PL 2003, c. 498, §2 (NEW).]
C. Waterborne freight;   [PL 2003, c. 498, §2 (NEW).]
D. Forest products;   [PL 2013, c. 36, §5 (AMD).]
E. [PL 2013, c. 36, §5 (RP).]
F. Agricultural products;   [PL 2013, c. 36, §5 (AMD).]
G. Petroleum products; and   [PL 2013, c. 36, §5 (AMD).]
H. General manufacturing.   [PL 2013, c. 36, §5 (NEW).]
[PL 2013, c. 36, §5 (AMD).]
2.  Meetings; chair.
The Commissioner of Transportation or the commissioner's designee shall serve as chair of the council established in subsection 1. The Department of Transportation shall provide staff support to the council. The council shall meet at the call of the chair but not less than 4 times during a calendar year. Members of the council serve without compensation.
[PL 2003, c. 498, §2 (NEW).]
SECTION HISTORY
PL 2003, c. 498, §2 (NEW). PL 2013, c. 36, §5 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 2: HIGHWAY SAFETY COMMITTEE › 23 §101. Establishment; designation (REPEALED)

§101. Establishment; designation
(REPEALED)
SECTION HISTORY
PL 1971, c. 593, §5 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 2: HIGHWAY SAFETY COMMITTEE › 23 §102. Officers and executive board (REPEALED)

§102. Officers and executive board
(REPEALED)
SECTION HISTORY
PL 1971, c. 593, §5 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 2: HIGHWAY SAFETY COMMITTEE › 23 §103. Powers and duties of executive board (REPEALED)

§103. Powers and duties of executive board
(REPEALED)
SECTION HISTORY
PL 1971, c. 593, §5 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 2: HIGHWAY SAFETY COMMITTEE › 23 §104. Advisory committee; meetings (REPEALED)

§104. Advisory committee; meetings
(REPEALED)
SECTION HISTORY
PL 1967, c. 2, §1 (AMD). PL 1971, c. 593, §5 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 2: HIGHWAY SAFETY COMMITTEE › 23 §105. Executive director (REPEALED)

§105. Executive director
(REPEALED)
SECTION HISTORY
PL 1967, c. 2, §2 (AMD). PL 1971, c. 593, §5 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 3: STATE CLAIMS COMMISSION › 23 §151. Purposes

§151. Purposes
The purposes of this subchapter are to establish an independent, impartial board composed of persons well learned in the elements that may be properly considered in the determination of fair market value of property taken in condemnation proceedings; to empower such board to make awards of just compensation in highway condemnations and to establish before such board a procedure designed to afford to any interested party an opportunity to appear, present his case and have his rights fully protected without the necessity for retaining professional assistance; to thus provide to any interested party a prompt, efficient and inexpensive method of determination of just compensation and prompt payment of all or part of such compensation without prejudice to any right of appeal allowed.   [PL 1975, c. 771, §235 (AMD).]
SECTION HISTORY
PL 1975, c. 771, §235 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 3: STATE CLAIMS COMMISSION › 23 §153. Property for highways (REPEALED)

§153. Property for highways
(REPEALED)
SECTION HISTORY
PL 1965, c. 295, §1 (AMD). PL 1965, c. 492, §1 (RPR). PL 1971, c. 593, §§20,22 (AMD). PL 1981, c. 470, §§A122,A123 (AMD). PL 1987, c. 267, §§1-4 (AMD). PL 1987, c. 395, §A93 (AMD). PL 1987, c. 735, §40 (AMD). PL 1987, c. 737, §§C67,C106 (AMD). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,C10 (AMD). PL 1989, c. 208, §1 (AMD). PL 1991, c. 462 (AMD). PL 1993, c. 536, §1 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 3: STATE CLAIMS COMMISSION › 23 §153-A. Housing for displaced persons

§153-A. Housing for displaced persons
1.  Purchase.
Where a proposed highway project cannot proceed to actual construction because replacement housing is not available to displaced persons and cannot otherwise be made available, the department on behalf of the State of Maine may acquire by purchase such real property as may be necessary to construct new housing thereon, rehabilitate existing housing thereon or move existing housing thereon.
[PL 1971, c. 593, §22 (AMD).]
2.  Acquisition interpreted.
Acquisition of necessary replacement housing sites, rehabilitation, relocation or construction of replacement housing shall be an expense incidental to construction or reconstruction of a highway and shall not be deemed to be highway right-of-way and need not be within the limits of a construction project.
[PL 1971, c. 333, §2 (NEW).]
3.  Construction.
The department may construct, relocate or rehabilitate on any housing sites acquired under subsection 1 such housing as may be necessary for any person displaced by any highway construction or reconstruction undertaken by the department.
[PL 1971, c. 593, §22 (AMD).]
4.  Sale.
The department on behalf of the State of Maine may sell and convey the interest of the State acquired as replacement sites with the improvements thereon and may lease such interests in such property pending sale. Proceeds shall be credited to the project funds from which the purchase, rehabilitation or construction expenditures were made.
[PL 1971, c. 593, §22 (AMD).]
SECTION HISTORY
PL 1971, c. 333, §2 (NEW). PL 1971, c. 593, §22 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 3: STATE CLAIMS COMMISSION › 23 §153-C. Acquisition of property identified in transportation planning; new bypass highway project

§153-C. Acquisition of property identified in transportation planning; new bypass highway project
1.  Acquisition of property.
If the Department of Transportation prepares an environmental impact statement as required by the federal National Environmental Protection Act of 1969 for permitting for the location of a new bypass highway project and property will be affected by the limits of the final bypass right-of-way and the property owner submits a request in writing to the department that the department acquire that portion of the owner's property determined necessary for the new bypass highway project, the department shall acquire the property determined necessary if:
A. The department has received a least environmentally damaging practicable alternative determination from the United States Army Corps of Engineers that will be incorporated into the environmental impact statement for corridor alignment indicating that certain property will be necessary for the purposes set forth in section 153-B, subsection 1; and   [PL 2009, c. 454, §1 (NEW).]
B. The fair market value is determined in accordance with this subchapter.   [PL 2009, c. 454, §1 (NEW).]
The request submitted by the property owner under this subsection must be submitted to the department within 9 months of the date that the department receives the least environmentally damaging practicable alternative determination from the United States Army Corps of Engineers under paragraph A.
[PL 2009, c. 454, §1 (NEW).]
2.  Deadline for acquisition; extension.
The following provisions govern the deadline for acquisition of property by the Department of Transportation pursuant to subsection 1.
A. The department shall acquire affected properties pursuant to this subchapter within 2 years from the date of issuance of the least environmentally damaging practicable alternative determination from the United States Army Corps of Engineers under subsection 1, paragraph A.   [PL 2009, c. 454, §1 (NEW).]
B. Notwithstanding paragraph A, if funding for the new bypass highway project is not available or if state or federal regulations preclude the department from acquiring real property, the department may extend the time period for acquisition of affected properties up to 2 years. Any extension under this paragraph must be submitted no later than 90 days before the expiration of the 2 years under paragraph A to the joint standing committee of the Legislature having jurisdiction over transportation matters for its review and comment.   [PL 2009, c. 454, §1 (NEW).]
[PL 2009, c. 454, §1 (NEW).]
3.  Reservation of eminent domain powers.
Nothing in this section affects or alters the rights of the Department of Transportation to exercise its rights of eminent domain under this Title.
[PL 2009, c. 454, §1 (NEW).]
SECTION HISTORY
PL 2009, c. 454, §1 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 3: STATE CLAIMS COMMISSION › 23 §154-A. Fair market value adjustment

§154-A. Fair market value adjustment
Any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner, will be disregarded in determining just compensation for the property.   [PL 1971, c. 333, §4 (NEW).]
SECTION HISTORY
PL 1971, c. 333, §4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 3: STATE CLAIMS COMMISSION › 23 §154-B. Coercive action

§154-B. Coercive action
In no event shall the department either advance the time of condemnation, or defer negotiations or condemnation or take any other action coercive in nature, in order to compel an agreement on the price to be paid for property or property rights.   [PL 1971, c. 593, §22 (AMD).]
SECTION HISTORY
PL 1971, c. 333, §4 (NEW). PL 1971, c. 593, §22 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 3: STATE CLAIMS COMMISSION › 23 §154-C. Uneconomic remnants

§154-C. Uneconomic remnants
If the acquisition of only a portion of a property would leave the owner of record with an uneconomic remnant the department may, or at the request of the owner shall, acquire by purchase or condemnation the entire property. An uneconomic remnant is a parcel of real property in which the owner would be left with an interest which the department has determined has little or no value or utility to the owner.   [PL 1989, c. 208, §2 (RPR).]
SECTION HISTORY
PL 1971, c. 333, §4 (NEW). PL 1971, c. 593, §22 (AMD). PL 1989, c. 208, §2 (RPR).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 3: STATE CLAIMS COMMISSION › 23 §154-D. Notice to vacate

§154-D. Notice to vacate
No person lawfully occupying real property shall be required to move from a dwelling or move his business or farm operation without at least 90 days written notice from the department of the date by which such move is required.   [PL 1971, c. 593, §22 (AMD).]
Any person displaced by a taking or acquisition who remains in occupancy after the date of acquisition may be required to pay compensation from the date of the acquisition. The compensation paid by the displaced person may not exceed fair rental value of the property based on short-term occupancy. If the displaced person and the department cannot reach agreement as to equivalent of fair rental value for the initial 90-day period after acquisition, each may apply to the State Claims Commission in writing for such a determination. The State Claims Commission's jurisdiction to determine the fair rental value is limited solely to the initial 90-day period. Any compensation to be paid by the displaced person after the initial 90-day period must be determined solely by the department.   [PL 1999, c. 753, §2 (AMD).]
SECTION HISTORY
PL 1971, c. 333, §4 (NEW). PL 1971, c. 593, §22 (AMD). PL 1983, c. 272 (AMD). PL 1987, c. 395, §A96 (AMD). PL 1999, c. 753, §2 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 3: STATE CLAIMS COMMISSION › 23 §154-E. Improvement

§154-E. Improvement
Payment to tenants of record shall be made by the department pursuant to this section for any building, structure or other improvement which is owned by the tenant. The tenant shall be paid the fair market value which the building, structure or improvement contributes to the fair market value of the real property to be acquired, or its salvage value, whichever is greater. No payment may be made unless, prior to condemnation, the owner of the land involved disclaims in writing to the department all interest in the tenant's improvement, and the department determines that the improvement qualifies for payment. In consideration for any such payment, the tenant shall assign, transfer and release to the department all rights, title, and interest in and to the improvements. The department shall not make any payment under this section which it determines would result in duplication of any payment otherwise authorized by this Title.   [PL 1989, c. 208, §3 (RPR).]
For the purpose of determining the just compensation to be paid for any acquired building, structure or other improvement, that building, structure or other improvement shall be deemed to be part of the real property, notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove that building, structure or improvement at the expiration of the term of the lease.   [PL 1989, c. 208, §3 (RPR).]
Nothing in this section may be construed to deprive the tenant of any rights to reject payment under this section and to obtain payment for the property interests in accordance with applicable law other than this section.   [PL 1989, c. 208, §3 (NEW).]
SECTION HISTORY
PL 1971, c. 333, §4 (NEW). PL 1989, c. 208, §3 (RPR).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 3: STATE CLAIMS COMMISSION › 23 §154-F. Special benefits

§154-F. Special benefits
In determining just compensation where special benefits are found, the owner or owners of record shall be compensated at least for the fair market value of the property and any rights or interest therein taken.   [PL 1975, c. 431, §9-A (NEW).]
SECTION HISTORY
PL 1971, c. 593, §22 (AMD). PL 1975, c. 431, §§9-A (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 3: STATE CLAIMS COMMISSION › 23 §155. Negotiation

§155. Negotiation
The department shall have 60 days from the date of taking within which to negotiate with the owner or owners of record for an agreement as to the amount of just compensation. If within that time the owner rejects the State's offer of just compensation, such owner may apply to the department and have the matter referred to the State Claims Commission for assessment of the damage. If, at the expiration of that time, no such agreement for just compensation has been made, the department shall immediately file a petition with the State Claims Commission setting forth the pertinent facts including the names and addresses of the owner or owners of record and the holders of any mortgages, tax liens or other encumbrances, a copy of the notice of condemnation, the statement of the department and a plan of the property involved as served upon the owner or owners of record in accordance with section 154 and requesting a hearing and an award of just compensation.   [PL 1987, c. 395, Pt. A, §97 (AMD).]
SECTION HISTORY
PL 1965, c. 297, §5 (AMD). PL 1975, c. 771, §239 (AMD). PL 1987, c. 395, §A97 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 3: STATE CLAIMS COMMISSION › 23 §158. Withdrawal of money deposited (REPEALED)

§158. Withdrawal of money deposited
(REPEALED)
SECTION HISTORY
PL 1971, c. 593, §22 (AMD). PL 1975, c. 771, §247 (AMD). PL 1981, c. 470, §A131 (AMD). PL 1983, c. 266 (RPR). PL 1987, c. 395, §A100 (AMD). PL 1991, c. 684, §10 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 3: STATE CLAIMS COMMISSION › 23 §159. Interpleader

§159. Interpleader
If difficult questions of law should arise before the State Claims Commission as to entitlement to or apportionment of just compensation, then it is authorized to make a blanket award to all parties interested. If no appeal is taken and no agreement is reached by the parties named in the award within 60 days from the date of such award, the State Claims Commission shall certify the facts and legal questions to the department. The department shall then interplead the parties named in the award by a complaint filed in the Superior Court in the county wherein the land is situated and shall pay in the amount of the award to the clerk of courts of the county to be paid in accordance with the court's order. For purposes of this section, the department shall be acting to prevent double or multiple liability.   [PL 1989, c. 502, Pt. A, §88 (AMD).]
SECTION HISTORY
PL 1971, c. 593, §22 (AMD). PL 1975, c. 771, §248 (AMD). PL 1987, c. 395, §A101 (AMD). PL 1989, c. 502, §A88 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 3: STATE CLAIMS COMMISSION › 23 §160. Property management

§160. Property management
Any property taken or acquired for highway purposes may be leased, let or rented by the department to a displaced person pending advantageous use for highway purposes. The department may renovate and maintain property pending such advantageous use. The proceeds from leasing, letting or renting such property shall be credited to the fund from which payment was made for the acquisition. The consideration paid by the tenant for occupancy shall not exceed the fair rental value of the property based on short-term occupation.   [PL 1971, c. 593, §22 (AMD).]
SECTION HISTORY
PL 1971, c. 333, §5 (NEW). PL 1971, c. 593, §22 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 3: STATE CLAIMS COMMISSION › 23 §161. Incidental expense payments

§161. Incidental expense payments
1.  Reimbursement.
When the department acquires real or personal property for transportation purposes, the department is not required to pay any taxes or assessments on that property. The department, as soon as practicable after the date of payment of just compensation, shall reimburse the owner from whom the property has been acquired for transportation purposes, to the extent the department deems fair and reasonable, for expenses the owner necessarily incurred for:
A. Recording fees, transfer taxes and similar expenses, if any, incidental to conveying such property to the State;   [PL 1971, c. 333, §5 (NEW).]
B. Penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering such real property; and   [PL 1971, c. 333, §5 (NEW).]
C. The pro rata portion of real property taxes paid which are allowable to a period subsequent to the date of vesting title in the State, or the effective date of possession of such real property by the State, whichever is earlier.   [PL 1971, c. 333, §5 (NEW).]
[PL 2017, c. 40, §1 (AMD).]
2.  Determination.
Any determination by the department in the administration of this section shall be final and nothing herein shall be construed to give any person a cause of action in the State Claims Commission or the Superior Court.
[PL 1987, c. 395, Pt. A, §102 (AMD).]
SECTION HISTORY
PL 1971, c. 333, §5 (NEW). PL 1971, c. 593, §22 (AMD). PL 1981, c. 470, §A132 (AMD). PL 1987, c. 395, §A102 (AMD). PL 2017, c. 40, §1 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 4: CHIEF ENGINEER › 23 §201. Appointment

§201. Appointment
The commissioner shall, subject to the Civil Service Law, appoint a civil engineer as chief engineer.   [PL 1985, c. 785, Pt. B, §103 (AMD).]
SECTION HISTORY
PL 1971, c. 593, §6 (RPR). PL 1981, c. 45, §1 (AMD). PL 1985, c. 785, §B103 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 5: RELOCATION ASSISTANCE › 23 §211. Purpose (REPEALED)

§211. Purpose
(REPEALED)
SECTION HISTORY
PL 1969, c. 207, §1 (NEW). PL 1971, c. 333, §6 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 5: RELOCATION ASSISTANCE › 23 §212. Definitions (REPEALED)

§212. Definitions
(REPEALED)
SECTION HISTORY
PL 1969, c. 207, §1 (NEW). PL 1971, c. 333, §6 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 5: RELOCATION ASSISTANCE › 23 §213. Relocation advisory assistance (REPEALED)

§213. Relocation advisory assistance
(REPEALED)
SECTION HISTORY
PL 1969, c. 207, §1 (NEW). PL 1971, c. 333, §6 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 5: RELOCATION ASSISTANCE › 23 §214. Relocation payments (REPEALED)

§214. Relocation payments
(REPEALED)
SECTION HISTORY
PL 1969, c. 207, §1 (NEW). PL 1971, c. 333, §6 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 5: RELOCATION ASSISTANCE › 23 §215. Replacement housing allowance (REPEALED)

§215. Replacement housing allowance
(REPEALED)
SECTION HISTORY
PL 1969, c. 207, §1 (NEW). PL 1971, c. 333, §6 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 5: RELOCATION ASSISTANCE › 23 §216. Transfer expense allowance (REPEALED)

§216. Transfer expense allowance
(REPEALED)
SECTION HISTORY
PL 1969, c. 207, §1 (NEW). PL 1971, c. 333, §6 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 5: RELOCATION ASSISTANCE › 23 §217. Administration (REPEALED)

§217. Administration
(REPEALED)
SECTION HISTORY
PL 1969, c. 207, §1 (NEW). PL 1971, c. 333, §6 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 5: RELOCATION ASSISTANCE › 23 §218. Hardship (REPEALED)

§218. Hardship
(REPEALED)
SECTION HISTORY
PL 1969, c. 207, §1 (NEW). PL 1971, c. 333, §6 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 5: RELOCATION ASSISTANCE › 23 §219. Rules and regulations (REPEALED)

§219. Rules and regulations
(REPEALED)
SECTION HISTORY
PL 1969, c. 207, §1 (NEW). PL 1971, c. 333, §6 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 5: RELOCATION ASSISTANCE › 23 §220. Appeal (REPEALED)

§220. Appeal
(REPEALED)
SECTION HISTORY
PL 1969, c. 207, §1 (NEW). PL 1971, c. 333, §6 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 5: RELOCATION ASSISTANCE › 23 §221. Limitation (REPEALED)

§221. Limitation
(REPEALED)
SECTION HISTORY
PL 1969, c. 207, §1 (NEW). PL 1971, c. 333, §6 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 5: RELOCATION ASSISTANCE › 23 §222. Property management (REPEALED)

§222. Property management
(REPEALED)
SECTION HISTORY
PL 1969, c. 207, §1 (NEW). PL 1971, c. 333, §6 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 6: SCENIC HIGHWAY BOARD › 23 §231. Intent (REPEALED)

§231. Intent
(REPEALED)
SECTION HISTORY
PL 1969, c. 453, §1 (NEW). PL 1971, c. 593, §7 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 6: SCENIC HIGHWAY BOARD › 23 §232. Purpose (REPEALED)

§232. Purpose
(REPEALED)
SECTION HISTORY
PL 1969, c. 453, §1 (NEW). PL 1971, c. 593, §7 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 6: SCENIC HIGHWAY BOARD › 23 §233. Scenic Highway Board (REPEALED)

§233. Scenic Highway Board
(REPEALED)
SECTION HISTORY
PL 1969, c. 453, §1 (NEW). PL 1971, c. 593, §7 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 6: SCENIC HIGHWAY BOARD › 23 §234. Duties (REPEALED)

§234. Duties
(REPEALED)
SECTION HISTORY
PL 1969, c. 453, §1 (NEW). PL 1971, c. 593, §7 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 6: SCENIC HIGHWAY BOARD › 23 §235. Responsibilities of State Highway Commission (REPEALED)

§235. Responsibilities of State Highway Commission
(REPEALED)
SECTION HISTORY
PL 1969, c. 453, §1 (NEW). PL 1971, c. 593, §7 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 7: RELOCATION ASSISTANCE › 23 §241. Purpose

§241. Purpose
The prompt and equitable relocation and reestablishment of persons, businesses, farm operations and nonprofit organizations displaced as a result of state or state aid highway projects are necessary to insure that a few individuals do not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole. Relocation payments and advisory assistance are to be made available to all persons so displaced in accordance with this subchapter.   [PL 1981, c. 470, Pt. A, §133 (AMD).]
SECTION HISTORY
PL 1971, c. 333, §1 (NEW). PL 1981, c. 470, §A133 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 7: RELOCATION ASSISTANCE › 23 §244-B. Replacement housing for tenants and certain others

§244-B. Replacement housing for tenants and certain others
In addition to amounts otherwise authorized by this subchapter, the department shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under section 244‑A which dwelling was actually and lawfully occupied by the displaced person for not less than 90 days prior to the initiation of negotiations for acquisition of the dwelling or in any case in which displacement is not a direct result of the acquisition of the dwelling or in such other event as the department prescribes. Payment shall be either:   [PL 1989, c. 208, §§15, 21 (AMD).]
1.  Lease or rent.
The amount necessary to enable the displaced person to lease or rent for a period not to exceed 42 months a comparable replacement dwelling, but not to exceed the amount allowed under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended. At the discretion of the department, a payment under this subsection may be made in periodic installments. Computation of a payment under this subsection to a low-income displaced person for a comparable replacement dwelling must take into account the person's income; or
[PL 2017, c. 295, §3 (AMD).]
2.  Purchase.
An amount to be used towards the purchase of a dwelling as follows. Any person eligible for a payment under subsection 1 may elect to apply the payment to a down payment, including incidental expenses described in section 244‑A, subsection 1, paragraph C, on the purchase of a decent, safe and sanitary replacement dwelling. The person may, at the discretion of the department, be eligible under this subsection for the maximum payment allowed under subsection 1, except that, in the case of a displaced homeowner who has owned and occupied the displacement dwelling for at least 90 days but not more than 180 days immediately prior to the initiation of negotiations for the acquisition of the dwelling, the payment shall not exceed the payment the person would otherwise have received under section 244‑A, subsection 1, paragraph A had the person owned and occupied the displacement dwelling 180 days or more immediately prior to the initiation of negotiations.
[PL 1989, c. 208, §§15, 21 (AMD).]
SECTION HISTORY
PL 1971, c. 333, §1 (NEW). PL 1971, c. 593, §22 (AMD). PL 1989, c. 208, §§15,21 (AMD). PL 2017, c. 295, §3 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 7: RELOCATION ASSISTANCE › 23 §244-C. Assurance of availability of housing

§244-C. Assurance of availability of housing
1.  Expenditures for replacement dwellings.
If a program or project undertaken by the department cannot proceed on a timely basis because comparable replacement dwellings are not available, and the department determines that those dwellings cannot otherwise be made available, the department may take such action as is necessary or appropriate to provide dwellings by use of funds authorized for the project. The department may use this section to exceed the maximum amounts which may be paid under sections 244‑A and 244‑B on a case-by-case basis for good cause as determined in accordance with guidelines that the department issues.
[PL 1989, c. 208, §§16, 21 (NEW).]
2.  Availability required.
No person may be required to move from a dwelling because of any program or project undertaken by the department unless the department is satisfied that comparable replacement housing is available to that person.
[PL 1989, c. 208, §§16, 21 (NEW).]
3.  Exceptions.
The department shall assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in the case of:
A. A major disaster as defined in the United States Disaster Relief Act of 1974, Section 102(2);   [PL 1989, c. 208, §§16, 21 (NEW).]
B. A national emergency declared by the President of the United States; or   [PL 1989, c. 208, §§16, 21 (NEW).]
C. Any other emergency which requires the person to move immediately from the dwelling because continued occupancy of that dwelling by that person constitutes a substantial danger to the health or safety of that person.   [PL 1989, c. 208, §§16, 21 (NEW).]
[PL 1989, c. 208, §§16, 21 (NEW).]
SECTION HISTORY
PL 1989, c. 208, §§16,21 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 7: RELOCATION ASSISTANCE › 23 §245. Administration

§245. Administration
The department shall carry out the functions of this subchapter either with its personnel or through any federal, state or municipal agency having an established organization for conducting relocation assistance programs; and is authorized and empowered to make all contracts and do all things necessary to fulfill the intent and purposes of this subchapter.   [PL 1989, c. 208, §§17, 21 (AMD).]
SECTION HISTORY
PL 1971, c. 333, §1 (NEW). PL 1971, c. 593, §22 (AMD). PL 1989, c. 208, §§17,21 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 7: RELOCATION ASSISTANCE › 23 §245-A. Hardship

§245-A. Hardship
If the department deems a hardship case exists, it may make any payment authorized by this subchapter in whole or in part to the displaced person affected in advance of moving, conveying or other acquisition of title or possession by the State.   [PL 1971, c. 593, §22 (AMD).]
SECTION HISTORY
PL 1971, c. 333, §1 (NEW). PL 1971, c. 593, §22 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 7: RELOCATION ASSISTANCE › 23 §245-B. Guidelines and rules

§245-B. Guidelines and rules
The department may adopt guidelines and procedures, or promulgate rules consistent with this subchapter as it determines necessary or appropriate to carry out this subchapter and to include the standards of "decent, safe and sanitary."   [PL 1989, c. 208, §§18, 21 (AMD).]
SECTION HISTORY
PL 1971, c. 333, §1 (NEW). PL 1971, c. 593, §22 (AMD). PL 1989, c. 208, §§18,21 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 7: RELOCATION ASSISTANCE › 23 §246. Appeal

§246. Appeal
1.  State Claims Commission.
If the department is unable to negotiate any payment authorized under section 244, subsection 1, paragraph A, or section 244‑A, subsection 1, at what it deems to be a reasonable amount, either the department or the displaced person, or both, may apply to the State Claims Commission in writing for a determination and assessment. The proceedings shall then be the same as in condemnation proceedings under subchapter III.
[PL 1987, c. 395, Pt. A, §104 (AMD).]
2.  Commissioner of Transportation.
Any person aggrieved by a determination as to eligibility for any payment, except those enumerated in subsection 1, authorized by this subchapter may have that person's application reviewed by the commissioner or the commissioner's delegate whose determination shall be final and nothing in this section may be construed to give any person a cause of action in the State Claims Commission or the Superior Court.
[PL 1989, c. 208, §§19, 21 (AMD).]
SECTION HISTORY
PL 1971, c. 333, §1 (NEW). PL 1971, c. 593, §§22,24 (AMD). PL 1981, c. 470, §A136 (AMD). PL 1987, c. 395, §A104 (AMD). PL 1989, c. 208, §§19,21 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 1: STATE HIGHWAY LAW › Chapter 3: OFFICIALS AND THEIR DUTIES › Subchapter 7: RELOCATION ASSISTANCE › 23 §247. Limitation

§247. Limitation
Nothing contained in this subchapter shall be construed as creating in any eminent domain proceeding an element of damages not in existence on the date of enactment hereof.   [PL 1971, c. 333, §1 (NEW).]
Any payments authorized under this subchapter and received by a displaced person shall not be considered income for purposes under the Internal Revenue Code, or resources of any recipient of public assistance.   [PL 1971, c. 333, §1 (NEW).]
SECTION HISTORY
PL 1971, c. 333, §1 (NEW).