§ 23 §1967 — Property of the authority; eminent domain

Maine § 23 §1967

• Jurisdiction: Maine
• Title 23: TRANSPORTATION
• Part 1: STATE HIGHWAY LAW
• Ch. 24: MAINE TURNPIKE

Text

The authority shall hold and acquire property as follows.
1.
Property of the authority.
All property of the authority and all property held in the name of the State pursuant to the provisions of this chapter are exempt from levy and sale by virtue of any execution, and an execution or other judicial process is not a valid lien upon property of the authority held pursuant to the provisions of this chapter.
2.
Use of eminent domain.
Whenever a reasonable price cannot be agreed upon for the purchase or lease of real property found necessary for the purposes of the authority or whenever the owner is legally incapacitated or is absent or is unable to convey valid title or is unknown, the authority may acquire by eminent domain any such real property whether wholly or partly constructed or interest or interests therein and any land, rights, easements, franchises and other property deemed necessary or convenient for the construction or reconstruction or the efficient operation of the turnpike, its connecting tunnels, or bridges, overpasses, underpasses or interchanges, or both, in the manner provided by chapter 3, subchapter III. Title to any property taken by eminent domain shall be in the name of the authority.
3.
Entry upon lands.
The authority and its authorized agents and employees may enter upon any lands, waters and premises in the State for the purpose of making surveys, soundings, drillings and examinations as it deems necessary or convenient for the purpose of this chapter and the entry shall not be deemed a trespass.
4.
Authority for transfers of interest in land to the authority.
All counties, cities, towns and other political subdivisions or municipalities and all public agencies and commissions of the State, and all public service corporations and districts, notwithstanding any contrary provisions of law, may lease, lend, grant or convey to the authority, upon its request, upon such terms and conditions as the proper authorities of the counties, cities, towns, political subdivisions, other municipalities, agencies, commissions, public service corporations and districts deem reasonable and fair and without the necessity for any advertisement, order of court or other action or formality other than the regular and formal action of the authorities concerned, any real or personal property or rights therein that may be necessary or convenient to the effectuation of the authorized purposes of the authority, including real and personal property or rights therein already devoted to public use. As used in this subsection, the term "public service corporation" includes every public utility as defined in Title 35‑A, section 102, subsection 13, and every corporation referred to in Title 13‑C.
5.
Access.
Notwithstanding subsection 1, the authority may permit the City of Saco, or its successors or assigns, to use the interchange in Saco formerly known as exit 5 of the turnpike and land located adjacent to this former interchange for access, utility lines and appurtenances, parking and related accessory rights for the benefit of any or any combination of the following facilities:

Legislative History

PL 1981, c. 595, §3 (NEW). PL 1983, c. 707, §1 (AMD). PL 1987, c. 141, §B19 (AMD). PL 1989, c. 145 (AMD). PL 1993, c. 410, §MM6 (AMD). PL 1993, c. 612, §§6,7 (AMD). RR 2001, c. 2, §B39 (COR). RR 2001, c. 2, §B58 (AFF). PL 2001, c. 41, §2 (AMD). PL 2007, c. 480, §1 (AMD). PL 2013, c. 549, §4 (AMD).