Maine Revised Statutes Title 23 Sec. 244 – Moving and related expenses
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1. Payments. Whenever a program or project to be undertaken by the department will result in the displacement of any person, the department shall make a payment to any displaced person, upon proper application on forms approved by the department, for:
A. Actual reasonable expenses in moving that person, that person’s family, business, farm operation or other personal property; [PL 1989, c. 208, §§12, 21 (AMD).]
B. Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the department; [PL 1989, c. 208, §§12, 21 (AMD).]
C. Actual reasonable expenses, but not to exceed $2,500, in searching for a replacement business or farm; and [PL 2005, c. 642, §1 (AMD).]
D. Actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization or small business at its new site, in accordance with criteria to be established by the department, 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. [PL 2017, c. 295, §1 (AMD).]
[PL 2017, c. 295, §1 (AMD).]
Terms Used In Maine Revised Statutes Title 23 Sec. 244
- Business: shall mean any lawful activity, excepting a farm operation conducted primarily:
A. See Maine Revised Statutes Title 23 Sec. 242Department: means the Department of Transportation. See Maine Revised Statutes Title 23 Sec. 242 Displaced person: means :
(1) Any person who moves from real property or moves that person's personal property from real property:
(a) As a direct result of a written notice of intent to acquire or the acquisition of that real property in whole or in part for a program or project undertaken by the department; or
(b) On which the person is a residential tenant or conducts a small business, a farm operation or a business defined in subsection 2, as a direct result of rehabilitation, demolition or such other displacing activity as the department prescribes under a program or project undertaken by the department in any case in which the department determines that the displacement is permanent; and
(2) Solely for the purposes of section 243 and section 244, subsections 1 and 2, any person who moves from real property or moves that person's personal property from real property:
(a) As a direct result of a written notice of intent to acquire or the acquisition of other real property, in whole or in part, on which the person conducts a business or farm operation, for a program or project undertaken by the department; or
(b) As a direct result of rehabilitation, demolition or such other displacing activity as the department prescribes of other real property on which the person conducts a business or a farm operation, under a program or project undertaken by the department where the department determines that the displacement is permanent. See Maine Revised Statutes Title 23 Sec. 242Existing patronage: means either the volume of clientele or the annual net earnings for the 2 taxable years immediately prior to the taxable year in which the business was displaced. See Maine Revised Statutes Title 23 Sec. 242 Farm operation: shall mean any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Maine Revised Statutes Title 23 Sec. 242 Person: shall mean any individual, partnership, corporation or association. See Maine Revised Statutes Title 23 Sec. 242 Personal property: All property that is not real property. Program or project: means any highway construction or related activity undertaken by the Department of Transportation on a state or state-aid highway and any other activity undertaken and authorized by law to be carried out by the department. See Maine Revised Statutes Title 23 Sec. 242 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Small business: means any business having fewer than 500 employees working at the site being acquired or permanently displaced by a program or project. See Maine Revised Statutes Title 23 Sec. 242
2. Fixed payments for residential displacements. Any displaced person eligible for payments under subsection 1 who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection 1 may receive a moving expense and dislocation allowance, which shall be determined according to a schedule established by the department.
[PL 1989, c. 208, §§12, 21 (AMD).]
3. Fixed payments for business or farm displacements. Any displaced person eligible for payments under subsection 1 who is displaced from that person’s place of business or farm operation and who is eligible under criteria established by the department may elect to accept the payment authorized by this subsection in lieu of the payment authorized by subsection 1. The payment consists of a fixed payment in an amount to be determined according to criteria established by the department, except that any such payment may not be less than $1,000 nor more than $100,000. A person whose sole business at the displacement dwelling is the rental of property to others does not qualify for a payment under this subsection. In the case of a business no payment may be made under this subsection unless the department is satisfied that the business:
A. Cannot be relocated without a substantial loss of its existing patronage; and [PL 1989, c. 208, §§12, 21 (AMD).]
B. Is not part of a commercial enterprise having more than 3 other establishments not being acquired by the department that are engaged in the same or similar business. [PL 2005, c. 642, §3 (AMD).]
[PL 2005, c. 642, §3 (AMD).]
SECTION HISTORY
PL 1971, c. 333, §1 (NEW). PL 1971, c. 593, §22 (AMD). PL 1973, c. 625, §131 (AMD). PL 1989, c. 208, §§12,21 (AMD). PL 2005, c. 642, §§1-3 (AMD). PL 2017, c. 295, §1 (AMD).