Maine Revised Statutes Title 20-A Sec. 16102 – Procedures
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1. Authority to condemn. When the location of a school lot has been legally determined by a school administrative unit, the land may be condemned:
A. In a municipality by the municipal officer; [PL 1981, c. 693, §§5, 8 (NEW).]
B. In a school administrative district or a regional school unit by a school board; and [PL 2017, c. 475, Pt. C, §5 (AMD).]
C. In a community school district by the district board of trustees. [PL 1981, c. 693, §§5, 8 (NEW).]
[PL 2017, c. 475, Pt. C, §5 (AMD).]
Terms Used In Maine Revised Statutes Title 20-A Sec. 16102
- Appraisal: A determination of property value.
- Community school district: means a state-approved unit of school administration composed of more than one municipality or school administrative district which may provide public education for any combination of kindergarten through grade 12. See Maine Revised Statutes Title 20-A Sec. 1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1
- District board of trustees: means a body with statutory powers and duties for a community school district. See Maine Revised Statutes Title 20-A Sec. 1
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- Regional school unit: means the state-approved unit of school administration as established pursuant to chapter 103?A. See Maine Revised Statutes Title 20-A Sec. 1
- School administrative district: means a state-approved unit of school administration, composed of one or more municipalities which must provide public education to all public school students in the district. See Maine Revised Statutes Title 20-A Sec. 1
- School administrative unit: means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district, regional school unit or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 1
- School board: means the governing body with statutory powers and duties for a school administrative unit. See Maine Revised Statutes Title 20-A Sec. 1
- Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
2. Appraisal. Damages for condemnation shall be determined:
A. As provided for laying out town ways for municipalities; or [PL 1981, c. 693, §§5, 8 (NEW).]
B. As provided for laying out county ways in Title 23, sections 2052 and 2054, for school administrative districts, regional school units and community school districts, except that notice need not be given to the Department of Transportation. [PL 2017, c. 475, Pt. C, §6 (AMD).]
[PL 2017, c. 475, Pt. C, §6 (AMD).]
3. Payment of damages. The school board may take lots for school construction after payment of these damages. If the owner of the condemned property resides outside the State the damages shall be deposited in the municipal treasury for municipalities and in the county treasury for other school administrative units.
[PL 1981, c. 693, §§5, 8 (NEW).]
4. Description. The school board shall cause a plan and description of the lots, as they have laid them out, to be recorded in the registry of deeds where the land lies, within 30 days of payment or deposit of damages.
[PL 1981, c. 693, §§5, 8 (NEW).]
5. Notice. The school board shall serve on the owner a certified copy of the vote directing the condemnation. This notice shall be served according to the Maine Rules of Civil Procedure.
[PL 1981, c. 693, §§5, 8 (NEW).]
SECTION HISTORY
PL 1981, c. 693, §§5,8 (NEW). PL 2017, c. 475, Pt. C, §§5, 6 (AMD).