Maine Revised Statutes > Title 14 > Part 2 > Chapter 205 – Limitation of Actions
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| Sections | ||
|---|---|---|
| Subchapter 1 | General Provisions | 751 – 754 |
| Subchapter 2 | Real Actions | 801 – 817 |
| Subchapter 3 | Miscellaneous Actions | 851 – 871 |
Terms Used In Maine Revised Statutes > Title 14 > Part 2 > Chapter 205 - Limitation of Actions
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Affiliated business: means a member of a group of 2 or more businesses in which more than 50% of the voting stock of each member corporation or more than 50% of the ownership interest in a business other than a corporation is directly or indirectly owned by a common owner or owners, either corporate or noncorporate, or by one or more of the member businesses. See Maine Revised Statutes Title 30-A Sec. 5250-I
- Affordable housing: means a decent, safe and sanitary dwelling, apartment or other living accommodation for a household whose income does not exceed 120% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. See Maine Revised Statutes Title 30-A Sec. 5246
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Authority: means the Maine State Housing Authority. See Maine Revised Statutes Title 30-A Sec. 5246
- Authorized agent: means employees of the department, veterinarians licensed by the State to practice veterinary medicine while performing official duties for the department, employees of the Animal and Plant Health Inspection Service of the United States Department of Agriculture, or other persons designated by the commissioner. See Maine Revised Statutes Title 7 Sec. 1751
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Base level of employment: means the greater of either the total employment in the State of a business as of March 31st, June 30th, September 30th and December 31st of the calendar year immediately preceding the year of the business's application to become a certified Pine Tree Development Zone business divided by 4 or its average employment during the base period. See Maine Revised Statutes Title 30-A Sec. 5250-I
- Base period: means the 3 calendar years prior to the year in which a business applies to be certified as a qualified Pine Tree Development Zone business. See Maine Revised Statutes Title 30-A Sec. 5250-I
- Bonds: means bonds of the bank issued under this chapter. See Maine Revised Statutes Title 30-A Sec. 5903
- Call center: means a business enterprise that employs 50 or more full-time employees for the purpose of customer service. See Maine Revised Statutes Title 30-A Sec. 5250-I
- Capital reserve fund: means any capital reserve fund created or established as provided in section 6006, subsection 1?A. See Maine Revised Statutes Title 30-A Sec. 5903
- Catastrophic occurrence: means a fire, flood, hurricane, windstorm, earthquake or other similar event that is not within the control of a business to prevent. See Maine Revised Statutes Title 30-A Sec. 5250-I
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- certified seed: as used in this Title shall be deemed to mean potato, vegetable, forage crop or grain seeds as shall have been grown and prepared for sale in accordance with regulations laid down by the commissioner and for which a certificate or tag has been issued as provided in section 2103. See Maine Revised Statutes Title 7 Sec. 2101
- Chief Information Officer: means the person who holds the lead information technology position within the executive branch that directs, coordinates and oversees information technology policy making, planning, architecture and standardization. See Maine Revised Statutes Title 5 Sec. 1972
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's duly authorized agent. See Maine Revised Statutes Title 7 Sec. 1751
- Commissioner: means the Commissioner of Administrative and Financial Services. See Maine Revised Statutes Title 5 Sec. 1972
- Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
- Commissioner: means the Commissioner of Economic and Community Development. See Maine Revised Statutes Title 30-A Sec. 5250-I
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Decedent: A deceased person.
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
- Department: means the Department of Economic and Community Development. See Maine Revised Statutes Title 30-A Sec. 5250-I
- Dependent: A person dependent for support upon another.
- Director: means the Director of the Maine State Housing Authority. See Maine Revised Statutes Title 30-A Sec. 5246
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- district: means a specified area within the corporate limits of a municipality that has been designated as provided under sections 5247 and 5250 to be developed under an affordable housing development program and financed under section 5250?A. See Maine Revised Statutes Title 30-A Sec. 5246
- Domestic animals: means cattle, equines, goats, sheep, swine, cats, dogs, domesticated cervids or other domesticated animals; large game as defined in section 1341, subsection 5; and poultry. See Maine Revised Statutes Title 7 Sec. 1751
- Donor: The person who makes a gift.
- Downtown: means :
A. See Maine Revised Statutes Title 30-A Sec. 5903Downtown improvement: includes facade, utility relocation or extension, historic preservation and parking and road improvement; elevator, sprinkler system and traffic control devices installation; purchase of development rights for a park or open space and construction of park and open space amenities; and public toilet, streetscape, sidewalk and curb installation or upgrade. See Maine Revised Statutes Title 30-A Sec. 5903 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. Equipment purchases: means the purchase of new or updated equipment and any capital improvements necessary to use the new or updated equipment by career and technical education centers or career and technical education regions. See Maine Revised Statutes Title 30-A Sec. 5903 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Executor: A male person named in a will to carry out the decedent Experiential tourism: means tourism that allows individuals to be active participants in outdoor recreational activities including but not limited to: hiking, camping, birding and other wildlife viewing, nature photography, visits to historical and cultural sites and museums, nature tourism, adventure tourism and ecotourism. See Maine Revised Statutes Title 30-A Sec. 5250-I Federal Government: means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America. See Maine Revised Statutes Title 30-A Sec. 2001 Financial services: means services provided by an insurance company subject to taxation under Title 36, chapter 357; a captive insurance company formed or licensed under Title 24?A, chapter 83; a financial institution subject to taxation under Title 36, chapter 819; or a mutual fund service provider. See Maine Revised Statutes Title 30-A Sec. 5250-I Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Fraud: Intentional deception resulting in injury to another. Fully marketable form: means a municipal security duly executed and accompanied by an approving legal opinion of a bond counsel of recognized standing in the field of municipal law whose opinions are generally accepted by purchasers of municipal bonds, provided that the municipal security so executed need not be printed or lithographed nor be in more than one denomination. See Maine Revised Statutes Title 30-A Sec. 5903 Funded debt: means an obligation for the payment of which some fund is set aside. See Maine Revised Statutes Title 30-A Sec. 2001 General fund: means the fund created or established as provided in section 6007. See Maine Revised Statutes Title 30-A Sec. 5903 Geographic information board: means the Maine Library of Geographic Information Board. See Maine Revised Statutes Title 5 Sec. 2002 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. GIS: means a computer system capable of assembling, storing, manipulating, analyzing and displaying information identified according to locations. See Maine Revised Statutes Title 5 Sec. 2002 Governmental unit: means any county, municipality, school administrative district, community school district, public waste disposal corporation as authorized under Title 38, section 1304?B or other quasi-municipal corporation within the State, including any corporation owned entirely by a municipality and providing water, sewer or electric service or performing other essential governmental functions. See Maine Revised Statutes Title 30-A Sec. 5903 Grantee: means the person to whom a freehold estate or interest in land is conveyed. See Maine Revised Statutes Title 1 Sec. 72 Grantor: The person who establishes a trust and places property into it. Grantor: means the person who conveys a freehold estate or interest in land. See Maine Revised Statutes Title 1 Sec. 72 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. health insurance: means insurance of human beings against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto, including provision for the mental and emotional welfare of human beings by defraying the costs of legal services only to the extent provided for in chapter 38. See Maine Revised Statutes Title 24-A Sec. 704 hunt: means to pursue, catch, take, kill or harvest wild animals or wild birds or to attempt to catch, take, kill or harvest wild animals or wild birds. See Maine Revised Statutes Title 12 Sec. 10001 Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Inter vivos: Transfer of property from one living person to another living person. Labor market average weekly wage: means the average weekly wage as published by the Department of Labor for the labor market or markets in which potential qualified Pine Tree Development Zone employees are located for the 12 most recently reported months preceding the date of application. See Maine Revised Statutes Title 30-A Sec. 5250-I Labor market unemployment rate: means the average unemployment rate as published by the Department of Labor for the labor market or markets in which potential qualified Pine Tree Development Zone employees are located for the 12 most recently reported months preceding the date of application. See Maine Revised Statutes Title 30-A Sec. 5250-I lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Maintenance and operation: means all activities necessary to maintain affordable housing after development and all activities necessary to operate the affordable housing, including, but not limited to, informational, promotional, safety and surveillance activities. See Maine Revised Statutes Title 30-A Sec. 5246 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Manufacturing: means :
A. See Maine Revised Statutes Title 30-A Sec. 5250-IMedian household income: means the income computed based on the most current census information available, as provided by the State Economist. See Maine Revised Statutes Title 30-A Sec. 5903 Military redevelopment zone: means a specified area within a municipality that is contained within a labor market that includes a military facility that sustained a loss of 400 or more employed workers, if the loss was caused by a federal military facility closure or downsizing, during the 5-year period immediately preceding the time of application for designation as a military redevelopment zone, or is projected to sustain a loss of 400 or more employed workers during the 5-year period immediately following the time of application, and has been designated by the commissioner as a military redevelopment zone under section 5250?J, subsection 3?A. See Maine Revised Statutes Title 30-A Sec. 5250-I Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Municipal bond: means a bond or note or evidence of debt issued by a municipality and payable from taxes or from rates, charges or assessments, but does not include any bond or note or evidence of debt issued under chapter 213 or Title 10, chapter 110, subchapter IV. See Maine Revised Statutes Title 30-A Sec. 5903 Municipal bond insurance fund: means any fund or funds established by the bank to provide reserves to insure payment of any state or municipal issuance of debt, pursuant to a bond insurance program established by the bank. See Maine Revised Statutes Title 30-A Sec. 5903 Municipal legislative body: means :
A. See Maine Revised Statutes Title 30-A Sec. 2001Municipal officers: means :
A. See Maine Revised Statutes Title 30-A Sec. 2001Municipal official: means any elected or appointed member of a municipal government. See Maine Revised Statutes Title 30-A Sec. 2001 Municipal security: means a bond or note or evidence of debt issued by a governmental unit and payable from taxes or from rates, charges or assessments, but does not include any bond or note or evidence of debt issued under chapter 213 or Title 10, chapter 110, subchapter IV. See Maine Revised Statutes Title 30-A Sec. 5903 Municipal year: means a municipality's fiscal year as determined by the municipal officers under section 5651. See Maine Revised Statutes Title 30-A Sec. 2001 Municipality: means a city or town, except as provided in chapter 225. See Maine Revised Statutes Title 30-A Sec. 2001 Municipality: means :
A. See Maine Revised Statutes Title 30-A Sec. 5903Mutual fund service provider: means a taxpayer, as defined in Title 36, section 111, subsection 7, subject to tax under Title 36, Part 8 other than a financial institution as defined in Title 36, section 5206?D, subsection 8, that derives more than 50% of its gross income from the direct or indirect provision of management, distribution or administration services to or on behalf of a regulated investment company or from trustees, sponsors and participants of employee benefit plans that have accounts in a regulated investment company. See Maine Revised Statutes Title 30-A Sec. 5250-I National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC Nonresident: means a person who does not fall within the definition of resident in subsection 53. See Maine Revised Statutes Title 12 Sec. 10001 Notes: means any notes of the bank issued under this chapter. See Maine Revised Statutes Title 30-A Sec. 5903 Office: means the Office of Information Technology. See Maine Revised Statutes Title 5 Sec. 1972 Open areas: means any space or area the preservation or restriction of the use of which would:
A. See Maine Revised Statutes Title 30-A Sec. 2001Oversight: Committee review of the activities of a Federal agency or program. parcel: includes an entire unit of real estate notwithstanding the fact that it is divided by a road, way, railroad or pipeline. See Maine Revised Statutes Title 30-A Sec. 5250-I Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: shall mean the State, any municipality, political subdivision, institution, public or private corporation, individual, partnership or other entity. See Maine Revised Statutes Title 7 Sec. 1751 Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001 Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001 Pine Tree Development Zone benefits: means :
A. See Maine Revised Statutes Title 30-A Sec. 5250-IPoultry: means all domesticated birds. See Maine Revised Statutes Title 7 Sec. 1751 Probate: Proving a will program: means a statement of means and objectives designed to encourage the development and maintenance of affordable housing within an affordable housing development district. See Maine Revised Statutes Title 30-A Sec. 5246 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Public service infrastructure: means those facilities that are essential for public health, welfare and safety. See Maine Revised Statutes Title 30-A Sec. 5903 qualified business: means any for-profit business in this State engaged in or that will engage in financial services, manufacturing or a targeted technology business that has added or will add at least one qualified Pine Tree Development Zone employee above its base level of employment in this State and that meets the following criteria:
A. See Maine Revised Statutes Title 30-A Sec. 5250-IQualified business activity: means a business activity that is conducted within a Pine Tree Development Zone and is directly related to financial services, manufacturing or a targeted technology business for which the business receives a letter of certification from the commissioner pursuant to section 5250?O. See Maine Revised Statutes Title 30-A Sec. 5250-I qualified Pine Tree Development Zone employees: means new, full-time employees hired in this State by a qualified Pine Tree Development Zone business for work directly in one or more qualified business activities for whom a retirement program subject to the Employee Retirement Income Security Act of 1974, 29 United States Code §§ 101 to 1461, as amended, and group health insurance are provided and whose income derived from employment within the Pine Tree Development Zone, calculated on a calendar year basis, is greater than the most recent annual per capita personal income in the county in which the qualified employee is employed. See Maine Revised Statutes Title 30-A Sec. 5250-I Quarterly census of employment and wages: means the comprehensive tabulation of employment and wage information for workers produced by the quarterly census of employment and wages program, a cooperative program involving the federal Department of Labor, Bureau of Labor Statistics and the state employment security agencies. See Maine Revised Statutes Title 30-A Sec. 5250-I Quorum: The number of legislators that must be present to do business. Real estate: means land and structures attached to it. See Maine Revised Statutes Title 30-A Sec. 2001 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired. Required debt service reserve: means the amount required to be on deposit in the reserve fund as prescribed by section 6006, subsection 1. See Maine Revised Statutes Title 30-A Sec. 5903 Required minimum reserve: means the amount required to be on deposit in a capital reserve fund as prescribed by section 6006, subsection 1?A. See Maine Revised Statutes Title 30-A Sec. 5903 Reserve fund: means the Maine Municipal Bond Bank Reserve Fund created or established as provided in section 6006. See Maine Revised Statutes Title 30-A Sec. 5903 Resident: means a citizen of the United States or a person who is not a citizen of the United States who has been domiciled in the State for one year who:
A. See Maine Revised Statutes Title 12 Sec. 10001Revenues: means all fees, charges, money, profits, payments of principal of or interest on municipal securities and other investments, gifts, grants, contributions, appropriations and all other income derived or to be derived by the bank under this chapter. See Maine Revised Statutes Title 30-A Sec. 5903 Revolving loan fund: means that revolving loan fund created under section 6006?A. See Maine Revised Statutes Title 30-A Sec. 5903 Semiautonomous state agency: means an agency created by an act of the Legislature that is not a part of the Executive Department. See Maine Revised Statutes Title 5 Sec. 1972 Sewage: means the water-carried wastes created in and carried or to be carried away from any structure together with any surface or ground water or household and industrial waste that is present. See Maine Revised Statutes Title 30-A Sec. 2001 Sewer system: includes both sewers and sewage disposal systems and all property, rights, easements and franchises relating to those sewers and sewage disposal systems. See Maine Revised Statutes Title 30-A Sec. 2001 Sewers: means and includes mains, pipes and laterals for the reception of sewage and carrying that sewage to an outfall or some part of a sewage disposal system, including pumping stations. See Maine Revised Statutes Title 30-A Sec. 2001 Sinking fund: means a fund created for the purpose of paying a debt. See Maine Revised Statutes Title 30-A Sec. 2001 State average weekly wage: means the average weekly wage as published by the Department of Labor for the State as a whole for the 12 most recently reported months preceding the date of application. See Maine Revised Statutes Title 30-A Sec. 5250-I State unemployment rate: means the average unemployment rate published by the Department of Labor for the State as a whole for the 12 most recently reported months preceding the date of application. See Maine Revised Statutes Title 30-A Sec. 5250-I Statute: A law passed by a legislature. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Subpoena: A command to a witness to appear and give testimony. Targeted technology business: means a business primarily involved in a targeted technology as defined in Title 5, section 15301. See Maine Revised Statutes Title 30-A Sec. 5250-I Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Unit of local government: means a municipality, county, plantation, unorganized territory or Indian tribe. See Maine Revised Statutes Title 30-A Sec. 5250-I Uphold: The decision of an appellate court not to reverse a lower court decision. User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services. Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House. Water utility: means an entity as defined in Title 35?A, section 102, subsection 22. See Maine Revised Statutes Title 30-A Sec. 5903 Working waterfront: means a parcel of land abutting water subject to tidal influence or land located in the intertidal zone that is used primarily or predominantly to provide access to or support the conduct of commercial fishing and marine activities. See Maine Revised Statutes Title 30-A Sec. 5250-I Working waterfront industry: means an industry primarily involved in supporting commercial fishing, marine and boat building activities. See Maine Revised Statutes Title 30-A Sec. 5250-I zone: means a specified area within the boundaries of the State that has been designated by the commissioner as a Pine Tree Development Zone in accordance with section 5250?J, subsection 3?A or 3?B. See Maine Revised Statutes Title 30-A Sec. 5250-I