Maine Revised Statutes Title 23 Sec. 246 – Appeal
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1. State Claims Commission. If the department is unable to negotiate any payment authorized under section 244, subsection 1, paragraph A, or section 244?A, subsection 1, at what it deems to be a reasonable amount, either the department or the displaced person, or both, may apply to the State Claims Commission in writing for a determination and assessment. The proceedings shall then be the same as in condemnation proceedings under subchapter III.
[PL 1987, c. 395, Pt. A, §104 (AMD).]
Terms Used In Maine Revised Statutes Title 23 Sec. 246
- Department: means the Department of Transportation. See Maine Revised Statutes Title 23 Sec. 242
- Displaced person: means : (1) Any person who moves from real property or moves that person's personal property from real property:(a) As a direct result of a written notice of intent to acquire or the acquisition of that real property in whole or in part for a program or project undertaken by the department; or(b) On which the person is a residential tenant or conducts a small business, a farm operation or a business defined in subsection 2, as a direct result of rehabilitation, demolition or such other displacing activity as the department prescribes under a program or project undertaken by the department in any case in which the department determines that the displacement is permanent; and(2) Solely for the purposes of section 243 and section 244, subsections 1 and 2, any person who moves from real property or moves that person's personal property from real property:(a) As a direct result of a written notice of intent to acquire or the acquisition of other real property, in whole or in part, on which the person conducts a business or farm operation, for a program or project undertaken by the department; or(b) As a direct result of rehabilitation, demolition or such other displacing activity as the department prescribes of other real property on which the person conducts a business or a farm operation, under a program or project undertaken by the department where the department determines that the displacement is permanent. See Maine Revised Statutes Title 23 Sec. 242
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Person: shall mean any individual, partnership, corporation or association. See Maine Revised Statutes Title 23 Sec. 242
2. Commissioner of Transportation. Any person aggrieved by a determination as to eligibility for any payment, except those enumerated in subsection 1, authorized by this subchapter may have that person’s application reviewed by the commissioner or the commissioner’s delegate whose determination shall be final and nothing in this section may be construed to give any person a cause of action in the State Claims Commission or the Superior Court.[PL 1989, c. 208, §§19, 21 (AMD).]
SECTION HISTORYPL 1971, c. 333, §1 (NEW). PL 1971, c. 593, §§22,24 (AMD). PL 1981, c. 470, §A136 (AMD). PL 1987, c. 395, §A104 (AMD). PL 1989, c. 208, §§19,21 (AMD).