reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 64: WATER DISTRICTS AND STANDARD DISTRICTS › 35-A §6408. Standard districts; authority to acquire property; rights of eminent domain

§6408. Standard districts; authority to acquire property; rights of eminent domain
To the extent necessary for purposes of incorporation, a standard district may take and hold any interest in real estate and personal estate.   [PL 1995, c. 616, §10 (NEW).]
1.  Purchase or lease.
A standard district may take and hold an interest in real estate or personal estate by purchase, lease or other lawful means.
[PL 1995, c. 616, §10 (NEW).]
2.  Eminent domain.
For purposes of its incorporation, a standard district may exercise the right of eminent domain as provided in chapters 65 and 67 to acquire any interest in land or water rights:
A. For erecting and maintaining dams, plants and works, for flowage, power, pumping and supplying water through its mains;   [PL 1995, c. 616, §10 (NEW).]
B. For reservoirs and for preserving and protecting the purity of the water and related watershed;   [PL 1995, c. 616, §10 (NEW).]
C. For laying and maintaining aqueducts and other structures;   [PL 1995, c. 616, §10 (NEW).]
D. For taking, distributing, discharging and disposing of water; and   [PL 1995, c. 616, §10 (NEW).]
E. For rights-of-way or roadways to its sources of supply, dams, power stations, reservoirs, mains, aqueducts, structures and lands.   [PL 1995, c. 616, §10 (NEW).]
Except as otherwise provided by law, a standard district may not take by right of eminent domain any property or facilities of any other public utility used or acquired for future use in the performance of a public duty.
[PL 1995, c. 616, §10 (NEW).]
SECTION HISTORY
PL 1995, c. 616, §10 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 64: WATER DISTRICTS AND STANDARD DISTRICTS › 35-A §6409. Standard districts; procedures in exercising eminent domain

§6409. Standard districts; procedures in exercising eminent domain
Except as otherwise provided by law, a standard district must exercise the right of eminent domain granted under section 6408 in accordance with this chapter and chapters 65 and 67.   [PL 1995, c. 616, §10 (NEW).]
SECTION HISTORY
PL 1995, c. 616, §10 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 64: WATER DISTRICTS AND STANDARD DISTRICTS › 35-A §6410-A. Consumer-owned water utilities; lack of quorum

§6410-A. Consumer-owned water utilities; lack of quorum
1.  Appointment of receiver.
If, after investigation, the commission determines that the board of trustees of a consumer-owned water utility, as defined in section 6101, subsection 1‑A, lacks a sufficient number of duly elected trustees to constitute a quorum, the commission may appoint a receiver to oversee the operations of the utility. A receiver appointed by the commission pursuant to this subsection has all the authorities granted to a full board of trustees pursuant to this chapter until such time as the board of trustees for the utility includes a sufficient number of duly elected trustees to constitute a quorum.
[PL 2021, c. 711, §1 (NEW).]
2.  Costs.
The commission may include the cost of appointing receivers pursuant to subsection 1 in the assessment charged to consumer-owned water utilities in accordance with section 116, subsection 1.
[PL 2021, c. 711, §1 (NEW).]
3.  Rules.
The commission may adopt by rule standards and procedures necessary for the administration of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2021, c. 711, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 711, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 64: WATER DISTRICTS AND STANDARD DISTRICTS › 35-A §6411. Standard districts; authorized to make and assume contracts

§6411. Standard districts; authorized to make and assume contracts
A standard district, through its trustees, in order to carry out the purposes of its incorporation, may contract with persons, districts, municipalities, utilities or corporations.   [PL 1995, c. 616, §10 (NEW).]
SECTION HISTORY
PL 1995, c. 616, §10 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 64: WATER DISTRICTS AND STANDARD DISTRICTS › 35-A §6413. Standard districts; debt limit and approval of voters of the district

§6413. Standard districts; debt limit and approval of voters of the district
Prior to issuing on behalf of a standard district any bond, note or other evidence of indebtedness payable within a period of more than 12 months after the date of issuance, the trustees shall propose a debt limit for the standard district that the trustees must submit for approval in a districtwide referendum. The referendum must be called, advertised and conducted according to the law relating to municipal elections, except the standard district's registrar of voters is not required to prepare or the clerk to post a new list of voters. The referendum may be held outside the territory of the district if the usual voting place for persons located within the district is located outside the territory of the district. For the purpose of registering voters, the registrar of voters must be in session on the regular workday preceding the election. The question presented must conform to one of the following forms:   [PL 2005, c. 192, §1 (AMD).]
For establishment of an initial debt limit: "Do you favor establishing the debt limit of the (insert name of standard district) at (insert amount)?"; or   [PL 1995, c. 616, §10 (NEW).]
For amendment of an existing debt limit: "Do you favor changing the debt limit of the (insert name of standard district) from (insert current debt limit) to (insert proposed debt limit)?".   [PL 1995, c. 616, §10 (NEW).]
The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion on the question.   [PL 1995, c. 616, §10 (NEW).]
The results must be declared by the trustees and entered upon the standard district's records. Due certificate of the results must be filed by the clerk with the Secretary of State.   [PL 1995, c. 616, §10 (NEW).]
A debt limit proposal becomes effective upon its acceptance by a majority of the legal voters within the standard district voting at the referendum. Failure of approval by the majority of voters voting at the referendum does not prevent subsequent referenda from being held for the same purpose. The costs of referenda are borne by the standard district.   [PL 1995, c. 616, §10 (NEW).]
Trustees may not issue any bond, note or other evidence of indebtedness payable within a period of more than 12 months after the date of issuance unless the total amount of such debt issued by the trustees is no more than an amount approved by referendum under this section.   [PL 1995, c. 616, §10 (NEW).]
SECTION HISTORY
PL 1995, c. 616, §10 (NEW). PL 2005, c. 192, §1 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 64: WATER DISTRICTS AND STANDARD DISTRICTS › 35-A §6413-A. Water districts; authority to increase debt limits

§6413-A. Water districts; authority to increase debt limits
Notwithstanding any provision of its charter to the contrary, a water district may increase its debt limit by referendum in accordance with this section. A water district is not required to use this section and may seek to increase its debt limit by any other lawful means, including pursuant to any other means described in its charter or by seeking legislative amendment to its charter.   [PL 2003, c. 147, §3 (NEW).]
If a water district chooses to increase its debt limit pursuant to this section, the governing body of the water district shall propose a new debt limit and submit the proposal for approval at a districtwide referendum. The referendum must be called, advertised and conducted according to the law relating to municipal elections, except the registrar of voters is not required to prepare or the clerk to post a new list of voters. The referendum may be held outside the territory of the district if the usual voting place for persons located within the district is located outside the territory of the district. For the purpose of registering voters, the registrar of voters must be in session on the regular work day preceding the election. The question presented must conform to the following form:
"Do you favor changing the debt limit of the (insert name of district) from (insert current debt limit) to (insert proposed debt limit)?"
[PL 2005, c. 192, §2 (AMD).]
The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion on the question.   [PL 2003, c. 147, §3 (NEW).]
The results must be declared by the governing body of the district and entered upon the district's records. Due certificate of the results must be filed by the clerk with the Secretary of State.   [PL 2003, c. 147, §3 (NEW).]
A debt limit proposal becomes effective upon its acceptance by a majority of the legal voters within the district voting at the referendum. Failure of approval by the majority of voters voting at the referendum does not prevent subsequent referenda from being held for the same purpose. The costs of referenda are borne by the district.   [PL 2003, c. 147, §3 (NEW).]
SECTION HISTORY
PL 2003, c. 147, §3 (NEW). PL 2005, c. 192, §2 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 64: WATER DISTRICTS AND STANDARD DISTRICTS › 35-A §6414. Standard districts; rates

§6414. Standard districts; rates
The rates of a standard district must be established in accordance with chapter 61. The rates must be sufficient to provide revenue to the standard district to carry out the purposes of its incorporation, without the need for any financial assistance from any municipality, other than the normal payment of water charges for services rendered and any loan or loans provided to the district for initial funds as set forth in section 6412. All customers of a standard district shall pay to the treasurer or other designated officer of the district the rates established by the district.   [PL 1995, c. 161, §10 (NEW).]
SECTION HISTORY
PL 1995, c. 616, §10 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 64: WATER DISTRICTS AND STANDARD DISTRICTS › 35-A §6414-A. Water utilities; rate collection and liens

§6414-A. Water utilities; rate collection and liens
All persons, firms and corporations, whether public, private or municipal, shall pay to the treasurer of any water district the rates established pursuant to chapter 61 for the water service used with respect to their real estate.   [PL 2003, c. 147, §4 (NEW).]
SECTION HISTORY
PL 2003, c. 147, §4 (NEW). PL 2005, c. 7, §3 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 64: WATER DISTRICTS AND STANDARD DISTRICTS › 35-A §6415. Standard districts; tax exempt

§6415. Standard districts; tax exempt
A standard district is a public municipal corporation within the meaning of Title 36, section 651 and the property of the district is exempt from taxation to the extent provided in that section.   [PL 1995, c. 616, §10 (NEW).]
SECTION HISTORY
PL 1995, c. 616, §10 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 64: WATER DISTRICTS AND STANDARD DISTRICTS › 35-A §6416. Water districts; mutual funds

§6416. Water districts; mutual funds
A water district may invest its funds, including sinking funds, reserve funds and trust funds, to the extent that the terms of any instrument creating the funds do not prohibit the investment, in shares of an investment company registered under the federal Investment Company Act of 1940, whose shares are registered under the United States Securities Act of 1933, only if the investments of the investment company are limited to obligations of the United States or any agency or instrumentality, corporate or otherwise, of the United States, or repurchase agreements secured by obligations of the United States or any agency or instrumentality, corporate or otherwise, of the United States. This section is in addition to and does not limit the power of a water district to invest its funds.   [PL 1995, c. 616, §10 (NEW).]
SECTION HISTORY
PL 1995, c. 616, §10 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 64: WATER DISTRICTS AND STANDARD DISTRICTS › 35-A §6417. Water districts; rights conferred subject to provisions of law

§6417. Water districts; rights conferred subject to provisions of law
Except as otherwise specifically provided by law, all the rights and duties mentioned in this chapter must be exercised and performed in accordance with all the applicable provisions of this Title to the extent this Title affects the operations of a water district.   [PL 1995, c. 616, §10 (NEW).]
SECTION HISTORY
PL 1995, c. 616, §10 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 64: WATER DISTRICTS AND STANDARD DISTRICTS › 35-A §6418. Water districts; legislative acts

§6418. Water districts; legislative acts
Prior to acting upon any proposal to create or to amend a water district charter, the joint standing committee of the Legislature having jurisdiction over public utilities shall solicit written comments from the municipalities that lie in whole or in part within the district or proposed district.   [PL 1995, c. 616, §10 (NEW).]
SECTION HISTORY
PL 1995, c. 616, §10 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 64-A: CONSUMER-OWNED WATER UTILITY CONSOLIDATION › 35-A §6432. Consolidated consumer-owned water utility charter requirements; commission authority

§6432. Consolidated consumer-owned water utility charter requirements; commission authority
1.  Commission responsibility; charter creation.
If the commission approves a petition of 2 or more consumer-owned water utilities for consolidation into a single consumer-owned water utility in accordance with section 6431, the commission shall provide the joint standing committee of the Legislature having jurisdiction over utilities matters a report on the consolidation of the utilities that includes a draft charter created in accordance with this section for the approved consumer-owned water utility. The committee may report out a bill for each approved water utility listed in the report.
[PL 2023, c. 325, §9 (NEW).]
2.  Charter requirements.
A consolidated consumer-owned water utility charter drafted by the commission pursuant to subsection 1 must:
A. Meet the requirements for a standard district in accordance with chapter 64; and   [PL 2023, c. 325, §9 (NEW).]
B. Specify that the consolidated consumer-owned water utility shall acquire all, and not less than all, of the plants, properties, assets, franchises, rights and privileges owned by the consumer-owned water utilities being consolidated, including, without limitation, all lands, buildings, waters, water rights, springs, wells, reservoirs, tanks, standpipes, mains, pumps, pipes, machinery, fixtures, hydrants, meters, services, tools, equipment and appliances used or useful in supplying water for domestic, sanitary, commercial, industrial and municipal purposes. The consideration to be paid for the plants, properties, assets, franchises, rights and privileges is the assumption by the consolidated consumer-owned water utility of all of the outstanding debts, obligations and liabilities of the consumer-owned water utilities being consolidated, including, without limitation, the assumption by the consolidated consumer-owned water utility of any outstanding notes or bonds of the consumer-owned water utilities being consolidated that are due on or after the date of the assumption.   [PL 2023, c. 325, §9 (NEW).]
[PL 2023, c. 325, §9 (NEW).]
SECTION HISTORY
PL 2023, c. 325, §9 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 65: PROPERTY TAKEN FOR PUBLIC USE AND ASSESSMENT OF DAMAGES › 35-A §6501. Rights of parties as to procedure

§6501. Rights of parties as to procedure
1.  Locations and damages.
All locations made and all damages assessed for the taking of property by the exercise of the right of eminent domain shall be made and assessed and the rights of the parties shall be as stated in this chapter, notwithstanding anything contained in the act granting the right.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Water utilities may exercise right of eminent domain.
Water utilities may exercise the right of eminent domain for obtaining sources of supply and locations for storage and for the protection of them and locations for transmission and distribution of water to the public under this chapter and chapter 69.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Exceptions.
Except as otherwise provided by law, this chapter does not apply to:
A. Property taken by the United States, the State of Maine, a county or municipality of the State, a quasi-municipal corporation or steam railroad corporation; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. Property which, when taken, is being or is necessary to be used by the owner in the performance of a public duty.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 2001, c. 608, §5 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 2001, c. 608, §5 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 65: PROPERTY TAKEN FOR PUBLIC USE AND ASSESSMENT OF DAMAGES › 35-A §6502. Proceedings before entry; location and map; description

§6502. Proceedings before entry; location and map; description
1.  Description.
All property taken by eminent domain shall, before it is entered upon for any purpose except to make surveys, be located by a description, signed by the party taking the property. The description shall:
A. Describe in detail the property taken;   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. Give the names of the owners; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]
C. Be accompanied by a map showing the property as described.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Filing location and map.
The party taking the property shall file the location and map with the county commissioners of the county where the property is located, who shall:
A. Endorse the time of filing on the location and map; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. Order the location recorded.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Recording location.
The taker shall record the location in the registry of deeds of the county or registry district where the property is located.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Personal notice given to mortgage holder.
When there is a recorded mortgage covering any portion of the land taken, which has been recorded within 40 years of the taking and bears no record of discharge, satisfaction or release, the taker shall give personal notice to the owner of record of the mortgage by sending to the mortgage holder's residence, if known, otherwise to the residence or address set forth in the record, by registered mail, a written notice of the taking which shall contain a description of the property taken and the name of the owner.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
5.  Description corrected.
When for any reason the taker fails to acquire the property authorized to be taken and which is described in the location, or the location recorded is defective or uncertain, the taker may, at any time, correct and perfect the location and file a new description.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
6.  Liability of taker.
If a description is corrected under subsection 5, the taker is liable in damages only for property for which the owner had not previously been paid, to be assessed as of the time of the original taking, and the taker shall not be liable for any acts which would have been justified if the original taking had been valid.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 65: PROPERTY TAKEN FOR PUBLIC USE AND ASSESSMENT OF DAMAGES › 35-A §6503. Damages for property owners; security

§6503. Damages for property owners; security
1.  Owners entitled to damages.
The owners are entitled to damages for all property taken by eminent domain as if the land were taken for highway purposes under Title 23, chapter 3.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Application procedure.
Upon written application of either party made within 3 years after the taking, the county commissioners shall estimate the damages and the taker shall pay the damages.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Commencement of new proceedings.
If proceedings commenced fail for causes not affecting the merits, new proceedings may be commenced within one year. When no estimate is made within this time, the owner may maintain a civil action or have any remedy provided.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Guardian may give release, interested persons.
The guardian of a person incapable of giving a valid conveyance whose property is taken may settle and give a valid release for damages. Persons having an interest in the property have the rights and remedies of owners to the extent of their interest.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
5.  Owner may request security.
When requested by the owner, the county commissioners shall require the taker to give security for the payment of damages and costs by depositing at its risk, with the clerk, within 30 days, specie, notes or obligations of a state or public corporation, or other security satisfactory to the county commissioners.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
6.  Satisfaction of judgment.
When the owner is entitled to it, the owner must be paid as much of the specie deposited as will satisfy the owner's judgment. Notes or obligations deposited by the taker must be delivered to the officer having a warrant of distress, to sell as personal property is sold on execution, to satisfy the warrant and fees. Any balance must be paid to the taker.
[RR 2021, c. 1, Pt. B, §427 (COR).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). RR 2021, c. 1, Pt. B, §427 (COR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 65: PROPERTY TAKEN FOR PUBLIC USE AND ASSESSMENT OF DAMAGES › 35-A §6504. Petition to county commissioners; notice to adverse party

§6504. Petition to county commissioners; notice to adverse party
1.  Notice of hearing on petition.
A person who petitions the county commissioners for the assessment of damages on account of property taken by eminent domain shall notify the adverse party of the time and place of the hearing on the petition by:
A. Giving the adverse party personal notice 14 days before the hearing; or   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. Publishing the petition and order of notice in a newspaper that is published in the county, 2 weeks successively, the last publication being 14 days before the hearing.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 65: PROPERTY TAKEN FOR PUBLIC USE AND ASSESSMENT OF DAMAGES › 35-A §6505. Terms and conditions for property taken

§6505. Terms and conditions for property taken
1.  Accommodation of the owner and taker.
The county commissioners in awarding damages for property taken by eminent domain, upon the application of the owner or the taker, may prescribe terms and conditions, for the use of the property taken, that will best accommodate the owner and the taker.
[PL 1989, c. 159, §10 (AMD).]
2.  Appeal.
In the case of appeal by either party, the only question in issue shall be the amount or measure of damages on the terms and conditions imposed by the commissioners.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1989, c. 159, §10 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 65: PROPERTY TAKEN FOR PUBLIC USE AND ASSESSMENT OF DAMAGES › 35-A §6506. County commissioners' report

§6506. County commissioners' report
1.  Contents of the report.
The county commissioners shall, at a regular meeting, make a report of their general estimate of damages and cause it to be recorded. In their report, the commissioners shall state specifically:
A. The terms and conditions imposed by them; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. The rights and obligations of each party.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Notice of damage award.
After the report has been recorded, the county commissioners' clerk shall prepare a notice to each person stating the amount of damages awarded to that person. An officer shall serve the notice on those residing in the State. Notice to others must be by publication 3 weeks successively in a newspaper printed in the county. If there is no newspaper printed in the county, the notice must be published in a newspaper of general circulation in the area where the property is located.
[RR 2021, c. 1, Pt. B, §428 (COR).]
3.  Expense of notice.
The expense of the notice shall be added to the costs of the proceedings which the taker shall pay.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). RR 2021, c. 1, Pt. B, §428 (COR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 65: PROPERTY TAKEN FOR PUBLIC USE AND ASSESSMENT OF DAMAGES › 35-A §6507. Appeals

§6507. Appeals
1.  Aggrieved person may appeal within 30 days of report.
A person aggrieved by the county commissioners' decision as to damages for property taken may appeal to the Superior Court in the county where the property is situated, within 30 days from the date the commissioners' report is made.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Complaint and notice of appeal.
The appellant shall:
A. Include in the complaint a statement setting forth substantially the facts of the case; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. Give written notice of the appeal with a copy of the complaint to the opposite party.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Court to determine amount of damages.
The court shall determine the amount of damages by a committee of reference if the parties agree or by a jury verdict. The court shall render judgment and issue execution.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Recovery of costs.
The parties may recover costs as follows.
A. If the owner appeals and the damage finally recovered is not more than the county commissioners' award, the taker shall recover costs from the time of appeal, otherwise the owner shall recover costs.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. If the taker appeals and the damage finally recovered is not less than the county commissioners' award, the owner shall recover costs from the time of appeal, otherwise the taker shall recover costs.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 141, Pt. A, §6 (NEW).]
5.  Additional review.
An appeal may be taken to the Law Court as in other actions.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 65: PROPERTY TAKEN FOR PUBLIC USE AND ASSESSMENT OF DAMAGES › 35-A §6508. Deposit of awards

§6508. Deposit of awards
When the proceedings are closed, the taker may deposit with the clerk of the court the amount of damages awarded with interest to the time of deposit, which shall be in full satisfaction of all claims, unless a demand has been made previously and payment neglected.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 65: PROPERTY TAKEN FOR PUBLIC USE AND ASSESSMENT OF DAMAGES › 35-A §6509. Damages remaining unpaid; proceedings

§6509. Damages remaining unpaid; proceedings
1.  Damages unpaid for more than 30 days.
When the damages remain unpaid for more than 30 days after they are due and demanded or the security is not deposited, the owner may file in the Superior Court a complaint praying for an injunction against the use or occupation of the owner's property taken.
[RR 2021, c. 1, Pt. B, §429 (COR).]
2.  Proceedings for damages not commenced within 3 years.
If proceedings for an estimation of damages are not commenced within 3 years and the owner of the property files a complaint for them, the court may estimate the damages, decree their payment and issue an execution for the amount.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Court may issue an injunction prohibiting use.
The court, after summary notice to the taker and upon proof of the facts, may, without any bond filed, issue an injunction prohibiting the taker's use and occupation until the taker pays all damages and costs. If payment has not been made within 90 days, the court may issue a permanent injunction and all rights acquired by taking the property cease and the owner may maintain an action for its recovery and protection.
[RR 2021, c. 1, Pt. B, §430 (COR).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). RR 2021, c. 1, Pt. B, §§429, 430 (COR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 65: PROPERTY TAKEN FOR PUBLIC USE AND ASSESSMENT OF DAMAGES › 35-A §6510. Service of injunction

§6510. Service of injunction
1.  Injunction may be served on a person who is not a party.
An injunction issued against a person may be served on that person whether or not that person is a party to the action, and that person is liable to all the penalties and consequences provided for a breach of the injunction.
[RR 2021, c. 1, Pt. B, §431 (COR).]
2.  Violation of injunction.
The court may order a person who violates the injunction, after service, or who uses the property to show cause at a time fixed why a decree should not be entered and execution issued against that person and that person's goods and estate for the damages, interest, costs and additional damages and costs for breach of the injunction.
[RR 2021, c. 1, Pt. B, §431 (COR).]
3.  Court may enter decree.
Upon service and return of the order, the court may enter a decree that is just and equitable against the person and issue execution accordingly or may proceed against the person for breach of injunction.
[RR 2021, c. 1, Pt. B, §431 (COR).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). RR 2021, c. 1, Pt. B, §431 (COR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 65: PROPERTY TAKEN FOR PUBLIC USE AND ASSESSMENT OF DAMAGES › 35-A §6511. Failure to apply for assessment not a waiver

§6511. Failure to apply for assessment not a waiver
The property owner's failure to apply for the assessment of damages within 3 years may not be held to be a waiver by the property owner of compensation for property taken by eminent domain.   [RR 2021, c. 1, Pt. B, §432 (COR).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). RR 2021, c. 1, Pt. B, §432 (COR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 65: PROPERTY TAKEN FOR PUBLIC USE AND ASSESSMENT OF DAMAGES › 35-A §6512. Proceedings to correct defect in taking by eminent domain

§6512. Proceedings to correct defect in taking by eminent domain
When a taking or attempted taking by eminent domain has been adjudged defective either from formal errors in proceedings or substantial error, judgment of ouster or writ of possession shall be stayed as follows.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Formal errors.
If the error is a formal error in proceedings, the judgment or writ shall be stayed until the utility exercising the right of eminent domain has an opportunity to retake pursuant to the act conferring the right.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Substantial error.
Failure to provide, in an act expressly conferring the right of eminent domain, for an act necessary to carry out the taking is a substantial error and the plaintiff shall be given judgment of title. If the error is substantial, the judgment of ouster or writ of possession shall be stayed until remedial legislation is passed at the session of the Legislature following the rendition of judgment and a new taking had pursuant to the amended Act.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  New taking; civil action not stayed.
The new taking shall be had within 90 days from the rendition of the judgment when the error is merely formal and within 6 months from the adjournment of the Legislature following the rendition of judgment when the error is substantial. Nothing in this section precludes or stays a civil action for damages, and the owner of the land may maintain a civil action for damages as if in possession.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 67: CONDEMNATION BY WATER UTILITIES › 35-A §6701. Necessity of taking determined

§6701. Necessity of taking determined
The owner of property which is subject to appropriation for public purposes by a water utility, upon hearing, may have the commission determine the necessity of the appropriation.   [PL 1987, c. 490, Pt. B, §17 (RPR).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §B17 (RPR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 67: CONDEMNATION BY WATER UTILITIES › 35-A §6702. Petition by owner

§6702. Petition by owner
The owner of the property, within 30 days after the beginning of condemnation proceedings, may file with the commission a petition for a decision as to the necessity of the appropriation. A copy of the petition and order of notice, attested by the administrative director, shall be served on the defendant.   [PL 1987, c. 490, Pt. B, §17 (RPR).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §B17 (RPR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 67: CONDEMNATION BY WATER UTILITIES › 35-A §6703. Proceedings before commissioners

§6703. Proceedings before commissioners
1.  Hearing.
The commissioners shall fix a time for a hearing, inside the county where the property is situated, and give written notice of the hearing to the owner and to the water utility seeking to acquire the property. At the hearing, all parties in interest shall be heard either in person or by attorney, and witnesses may be summoned by either party and attendance compelled as before other judicial tribunals.
[PL 1987, c. 490, Pt. B, §17 (RPR).]
2.  Burden of proof.
The burden of proof to show the necessity of the particular taking rests on the party seeking to acquire the property.
[PL 1987, c. 490, Pt. B, §17 (RPR).]
3.  Commission's decision.
The decision of a majority of the commissioners is final as to questions of fact.
[PL 1987, c. 490, Pt. B, §17 (RPR).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §B17 (RPR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 67: CONDEMNATION BY WATER UTILITIES › 35-A §6704. Condemnation proceedings by water utility

§6704. Condemnation proceedings by water utility
Upon the commencement of condemnation proceedings, the utility seeking to acquire property, unless otherwise provided by law, may file a petition asking that the necessity of the taking be determined. After the petition is filed, the proceedings shall be the same as in the case of a petition by the landowner.   [PL 1987, c. 490, Pt. B, §17 (RPR).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §B17 (RPR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 67: CONDEMNATION BY WATER UTILITIES › 35-A §6704-A. Notice requirements for taking of land for water treatment facilities

§6704-A. Notice requirements for taking of land for water treatment facilities
A water utility that proposes to initiate condemnation proceedings for the purpose of acquiring land for the construction of a water treatment facility shall:   [PL 1989, c. 789 (NEW).]
1.  Notice to public.
No less than 90 days prior to the initiation of condemnation proceedings, provide notice to the public stating that the construction of a water treatment facility is being considered and identifying the area or areas that are being considered for that construction by publication in a newspaper of general circulation in the county and affected area in which the property is located;
[PL 1989, c. 789 (NEW).]
2.  Notice to municipal officers.
No less than 60 days prior to the initiation of condemnation proceedings, provide written notice to the municipal officers of each municipality in which the land proposed to be taken by eminent domain is located. This notice must state clearly that the construction of a water treatment facility is being considered and identify the area or areas that are being considered for that construction; and
[PL 1989, c. 789 (NEW).]
3.  Notice to landowners.
No less than 60 days prior to the initiation of condemnation proceedings, provide written notice to each owner and all abutters of land proposed to be taken by eminent domain. This notice must state that the construction of a water treatment facility is being considered and identify the area or areas that are being considered for that construction. This notice must also state clearly in nontechnical language the rights of each landowner in the proposed condemnation proceedings, including any rights of appeal, and provide the name, address and telephone number of the appropriate state agency to assist the landowner in the proceedings.
[PL 1989, c. 789 (NEW).]
SECTION HISTORY
PL 1989, c. 789 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 67: CONDEMNATION BY WATER UTILITIES › 35-A §6705. Validation of proceedings

§6705. Validation of proceedings
All plans and descriptions of land and all descriptions of other property taken by a water utility for its purposes and uses, filed in the office of the county commissioners of the county where the land or other property is situated, prior to March 9, 1889, are valid and legal for all purposes of taking.   [PL 1987, c. 490, Pt. B, §17 (RPR).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §B17 (RPR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 67: CONDEMNATION BY WATER UTILITIES › 35-A §6706. Water utility line crossing railroad right-of-way

§6706. Water utility line crossing railroad right-of-way
Wherever a line or main of a water utility is located and about to be constructed across the right-of-way of a railroad, unless the officers of the water utility agree with the corporation operating the railroad as to the time, place, manner and conditions of the crossing, the commission upon petition of either party, after notice and hearing, shall determine the time, place, manner and conditions of the crossing. All the work within the limits of the railroad shall be done under the supervision of the officers of the corporation operating the railroad and to the satisfaction of the commission. The water utility shall bear the expense of the work. The commission shall report its decision in the same manner as in the case of highways located across railroads and subject to the same right of appeal.   [PL 1987, c. 490, Pt. B, §17 (RPR).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §B17 (RPR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 68: REGIONAL WATER COUNCILS › 35-A §6801. Definitions

§6801. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2005, c. 209, §1 (NEW).]
1.  Regional water council.
"Regional water council" means a nonprofit corporation established for the benefit of 2 or more water-related entities pursuant to this chapter, where at least one of the organizing members is a water utility.
[PL 2017, c. 58, §1 (AMD).]
2.  Water-related entity.
"Water-related entity" means a water utility or a municipal or quasi-municipal entity owning, controlling, operating or managing sewer, sanitary or storm water works.
[PL 2017, c. 58, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 209, §1 (NEW). PL 2017, c. 58, §1 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 68: REGIONAL WATER COUNCILS › 35-A §6802. Regional water councils authorized

§6802. Regional water councils authorized
Two or more water-related entities may organize a regional water council by forming a nonprofit corporation under Title 13‑B, as long as one of the organizing members is a water utility. The membership of a regional water council is restricted to water-related entities. A water utility is not required to become a member of a regional water council.   [PL 2017, c. 58, §2 (AMD).]
SECTION HISTORY
PL 2005, c. 209, §1 (NEW). PL 2017, c. 58, §2 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 68: REGIONAL WATER COUNCILS › 35-A §6803. Council organization

§6803. Council organization
The organizational documents of a regional water council must provide for representation of each member. The documents must specify the organizational structure, the method of withdrawal, the method of terminating the council and the grounds for suspension of members.   [PL 2017, c. 58, §3 (AMD).]
SECTION HISTORY
PL 2005, c. 209, §1 (NEW). PL 2017, c. 58, §3 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 68: REGIONAL WATER COUNCILS › 35-A §6804. Powers

§6804. Powers
1.  Powers.
A regional water council may:
A. Study an issue common to 2 or more of the members of the regional water council that it considers appropriate, including, but not limited to, matters affecting water supply, watershed protection, water use policies, regional economic conditions and future development;   [PL 2005, c. 209, §1 (NEW).]
B. Promote cooperative arrangements and coordinate action among members of the regional water council, including, but not limited to, providing purchasing, billing, accounting and customer services;   [PL 2005, c. 209, §1 (NEW).]
C. Make recommendations for review and action to the members of the regional water council and other public agencies that perform functions within the region; and   [PL 2005, c. 209, §1 (NEW).]
D. Exercise its powers and authority as a nonprofit corporation under Title 13‑B as necessary or desirable for dealing with issues of local or regional significance to its members, except that it may not exercise any power or authority that would cause the regional water council to become a water-related entity within this State.   [PL 2017, c. 58, §4 (AMD).]
[PL 2017, c. 58, §4 (AMD).]
2.  Status.
A regional water council is a nonprofit corporation and is not a governmental entity and is subject to all laws governing nonprofit corporations.
[PL 2005, c. 209, §1 (NEW).]
3.  Standing committee.
A regional water council, by appropriate action of the governing bodies of its members, may establish a standing committee to prepare and maintain a comprehensive regional water plan.
[PL 2005, c. 209, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 209, §1 (NEW). PL 2017, c. 58, §4 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 68: REGIONAL WATER COUNCILS › 35-A §6805. Bylaws

§6805. Bylaws
A regional water council shall adopt bylaws designating the officers of the council and providing for the conduct of its business.   [PL 2005, c. 209, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 209, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 68: REGIONAL WATER COUNCILS › 35-A §6806. Staff

§6806. Staff
A regional water council may employ staff and consult and retain experts that it considers necessary.   [PL 2005, c. 209, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 209, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 68: REGIONAL WATER COUNCILS › 35-A §6807. Finances; annual report

§6807. Finances; annual report
1.  Expenses.
The members of a regional water council may contribute funds to meet the expenses of the council. Services of personnel, use of equipment and office space and other necessary services may be accepted from members as part of their financial support.
[PL 2017, c. 58, §5 (AMD).]
2.  Funds; limitation.
A regional water council may accept funds, grants, gifts and services from:
A. The Federal Government;   [PL 2005, c. 209, §1 (NEW).]
B. The State or its departments, agencies or instrumentalities;   [PL 2005, c. 209, §1 (NEW).]
C. Any governmental unit not specified in paragraph A or B, whether participating in the regional water council or not; and   [PL 2005, c. 209, §1 (NEW).]
D. Private and public sources.   [PL 2005, c. 209, §1 (NEW).]
A fund, grant, gift or service of the State or its departments, agencies or instrumentalities otherwise available to water-related entities may not be made conditional on a water-related entity's membership in a regional water council.
[PL 2017, c. 58, §5 (AMD).]
3.  Report.
A regional water council shall make an annual report including a statement of financial activities to the member water-related entities. The report must be filed with the Public Utilities Commission and the drinking water program of the Department of Health and Human Services.
[PL 2017, c. 58, §5 (AMD).]
SECTION HISTORY
PL 2005, c. 209, §1 (NEW). PL 2017, c. 58, §5 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 68: REGIONAL WATER COUNCILS › 35-A §6808. Coordinator

§6808. Coordinator
1.  Public Utilities Commission.
The commission may receive, obtain and distribute state, federal or other funds supporting regional water council tasks and may provide assistance to regional water councils as appropriate. This subsection does not require the commission to determine the appropriate disbursement of state, federal or other funds among members of a regional water council and does not prohibit a regional water council from obtaining, receiving or disbursing funds without commission involvement.
Nothing in this chapter limits the commission's jurisdiction or authority over water utilities that are members of regional water councils.
[PL 2005, c. 209, §1 (NEW).]
2.  Rulemaking.
The commission may adopt rules to establish procedures and audit requirements related to the requirements of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2005, c. 209, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 209, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 69: AQUEDUCTS (REPEALED) › 35-A §6901. Meetings of proprietors for incorporation (REPEALED)

§6901. Meetings of proprietors for incorporation
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §C14 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 69: AQUEDUCTS (REPEALED) › 35-A §6902. Proprietors to be a corporation (REPEALED)

§6902. Proprietors to be a corporation
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §C14 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 69: AQUEDUCTS (REPEALED) › 35-A §6903. Authority of directors; enforcement of assessments (REPEALED)

§6903. Authority of directors; enforcement of assessments
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §C14 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 69: AQUEDUCTS (REPEALED) › 35-A §6904. Registry of shares and transfers (REPEALED)

§6904. Registry of shares and transfers
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §C14 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 6: WATER › Chapter 69: AQUEDUCTS (REPEALED) › 35-A §6905. Powers of proprietors; manner of voting (REPEALED)

§6905. Powers of proprietors; manner of voting
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §C14 (RP).