Maine § 23 §652 Proceedings on damage claims

Maine Statutes

§ 23 §652 — Proceedings on damage claims

Maine·Title 23 TRANSPORTATION·Part 1 STATE HIGHWAY LAW·Ch. 11 LAYING OUT, ALTERING AND DISCONTINUING HIGHWAYS

1.Change of grade. Whenever the department changes the grade of any state or state aid highway, as provided in chapters 1 to 19, to the injury of an owner of adjoining land, that owner may apply, within 24 months after completion of the work according to the records of the department, to the department in writing for a determination and assessment of damages. If the department is unable to settle that damages at what it deems a reasonable amount, the department or interested parties may apply to the State Claims Commission in writing for a determination and assessment of the damages. The proceedings shall then be the same as in condemnation cases.

2.Private water supplies. In the event an owner of land adjacent to a state or state aid highway or hydrogeologically downgradient from a stat

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1.
Change of grade.
Whenever the department changes the grade of any state or state aid highway, as provided in chapters 1 to 19, to the injury of an owner of adjoining land, that owner may apply, within 24 months after completion of the work according to the records of the department, to the department in writing for a determination and assessment of damages. If the department is unable to settle that damages at what it deems a reasonable amount, the department or interested parties may apply to the State Claims Commission in writing for a determination and assessment of the damages. The proceedings shall then be the same as in condemnation cases.
2.
Private water supplies.
In the event an owner of land adjacent to a state or state aid highway or hydrogeologically downgradient from a state‑owned salt storage facility suspects that a private water supply on that land has been destroyed or rendered unfit for human consumption by the department constructing, reconstructing or maintaining a state or state aid highway or storing salt in a state‑owned salt storage facility, the owner may apply in writing to the department for a determination of the alleged cause and assessment of the damage and, if the claim is founded on construction, the owner shall present the application within 24 months after the completion date of the work as that date appears in the records of the department.
3.
Private water supplies within the right-of-way.
In order to prevent undue hardship to properties served by water systems existing within the right-of-way of state and state aid highways prior to June 26, 1969, and which are the sole source of water supply to the property, and which are destroyed or altered, subsequent to the effective date of this Act, due to highway construction or reconstruction, the Department of Transportation is authorized to compensate the owners for such loss as may be determined equitable by the department.

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Legislative History

PL 1969, c. 435 (AMD). PL 1971, c. 593, §22 (AMD). PL 1973, c. 625, §132 (AMD). PL 1975, c. 2 (AMD). PL 1975, c. 293, §4 (AMD). PL 1979, c. 140 (AMD). PL 1987, c. 395, §§A105,A106 (AMD). PL 1987, c. 402, §§B18,B19 (AMD). PL 1987, c. 769, §§A83,A84 (AMD). PL 2003, c. 689, §B6 (REV). PL 2023, c. 367, §1 (AMD).