§ 35-A §6509 — Damages remaining unpaid; proceedings

Maine § 35-A §6509

• Jurisdiction: Maine
• Title 35-A: PUBLIC UTILITIES
• Part 6: WATER
• Ch. 65: PROPERTY TAKEN FOR PUBLIC USE AND ASSESSMENT OF DAMAGES

Text

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.
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.
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.

Legislative History

PL 1987, c. 141, §A6 (NEW). RR 2021, c. 1, Pt. B, §§429, 430 (COR).