Maine Revised Statutes Title 23 Sec. 244-C – Assurance of availability of housing
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1. Expenditures for replacement dwellings. If a program or project undertaken by the department cannot proceed on a timely basis because comparable replacement dwellings are not available, and the department determines that those dwellings cannot otherwise be made available, the department may take such action as is necessary or appropriate to provide dwellings by use of funds authorized for the project. The department may use this section to exceed the maximum amounts which may be paid under sections 244?A and 244?B on a case-by-case basis for good cause as determined in accordance with guidelines that the department issues.
[PL 1989, c. 208, §§16, 21 (NEW).]
Terms Used In Maine Revised Statutes Title 23 Sec. 244-C
- Comparable replacement dwelling: means any dwelling that is:
A. See Maine Revised Statutes Title 23 Sec. 242Department: means the Department of Transportation. See Maine Revised Statutes Title 23 Sec. 242 Person: shall mean any individual, partnership, corporation or association. See Maine Revised Statutes Title 23 Sec. 242 Program or project: means any highway construction or related activity undertaken by the Department of Transportation on a state or state-aid highway and any other activity undertaken and authorized by law to be carried out by the department. See Maine Revised Statutes Title 23 Sec. 242 United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Availability required. No person may be required to move from a dwelling because of any program or project undertaken by the department unless the department is satisfied that comparable replacement housing is available to that person.
[PL 1989, c. 208, §§16, 21 (NEW).]
3. Exceptions. The department shall assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in the case of:
A. A major disaster as defined in the United States Disaster Relief Act of 1974, Section 102(2); [PL 1989, c. 208, §§16, 21 (NEW).]
B. A national emergency declared by the President of the United States; or [PL 1989, c. 208, §§16, 21 (NEW).]
C. Any other emergency which requires the person to move immediately from the dwelling because continued occupancy of that dwelling by that person constitutes a substantial danger to the health or safety of that person. [PL 1989, c. 208, §§16, 21 (NEW).]
[PL 1989, c. 208, §§16, 21 (NEW).]
SECTION HISTORY
PL 1989, c. 208, §§16,21 (NEW).