Maine Revised Statutes Title 38 Sec. 1732 – Real and personal property and right of eminent domain
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Terms Used In Maine Revised Statutes Title 38 Sec. 1732
- Disposal: means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water in a manner such that the solid waste, or any constituent of the solid waste, may enter the environment or be emitted into the air or discharged into any water, including ground waters. See Maine Revised Statutes Title 38 Sec. 1705
- disposal district: means any district formed under this chapter. See Maine Revised Statutes Title 38 Sec. 1705
- 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
- Personal property: All property that is not real property.
- Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
- Resource conservation: means the reduction of amounts of solid waste which is generated and the reduction of overall resource consumption. See Maine Revised Statutes Title 38 Sec. 1705
- Resource recovery: means the recovery of materials or substances that still have useful physical or chemical properties after serving a specific purpose and can be reused or recycled for the same or other purposes and the conversion of waste to energy. See Maine Revised Statutes Title 38 Sec. 1705
Each disposal district formed under this chapter may acquire and hold real and personal property which it deems necessary for its purposes, and is granted the right of eminent domain; and for those purposes may take and hold, either by exercising its right of eminent domain or by purchase, lease or otherwise, as for public uses any land, real estate, easements or interest therein, necessary for constructing, establishing, maintaining and operating refuse disposal, resource disposal, resource recovery and resource conservation facilities and may provide for the conversion of waste to energy and the transmission thereof. [PL 1983, c. 820, §2 (NEW).]
No property may be so taken, except as may be necessary for the construction of steam and electric transmission lines, roads and communications equipment, unless the property is located within the disposal district. [PL 1983, c. 820, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW).