Maine Revised Statutes Title 35-A Sec. 6509 – Damages remaining unpaid; proceedings
Current as of: 2023 | Check for updates
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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).]
Terms Used In Maine Revised Statutes Title 35-A Sec. 6509
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
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).