Maine Revised Statutes > Title 7 > Part 1 > Chapter 2 – Interest in Agricultural Land


§ 31	Title
§ 32	Definitions
§ 33	Report required
§ 34	Exemptions
§ 35	Regulations
§ 36	Penalties

Terms Used In Maine Revised Statutes > Title 7 > Part 1 > Chapter 2 - Interest in Agricultural Land

Account: means any one of the 3 accounts created by section 4436. See Maine Revised Statutes Title 24-A Sec. 4435
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
AFIDA: means the Agricultural Foreign Investment Disclosure Act of 1978, United States Code, title 7, § 3501, et seq. See Maine Revised Statutes Title 7 Sec. 32
Agricultural land: means any land in Maine which is used or capable of use without substantial modification for production of agriculturally related products including, but not limited to, crops, livestock, poultry, dairy products and sod. See Maine Revised Statutes Title 7 Sec. 32
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Association: means the Maine Insurance Guaranty Association created under section 4436. See Maine Revised Statutes Title 24-A Sec. 4435
Association: means any corporation organized under this chapter. See Maine Revised Statutes Title 13 Sec. 2003
Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Bequest: Property gifted by will.
Board of directors: means the board of directors of the association. See Maine Revised Statutes Title 24-A Sec. 4435
Bonus: means a payment a carrier makes to a downstream entity beyond any salary, fee-for-service payment, capitation or returned withhold. See Maine Revised Statutes Title 24-A Sec. 4331
Capitation: means a set dollar payment per patient per unit of time, usually per month, that a carrier pays a health care practitioner, institutional provider or downstream entity to cover a specified set of services and administrative costs without regard to the actual number or nature of services provided. See Maine Revised Statutes Title 24-A Sec. 4331
Carrier: means :

A. See Maine Revised Statutes Title 24-A Sec. 4301-A

Chambers: A judge's office.

Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.

code enforcement officer: means a person certified under this section and employed by a municipality to enforce all applicable laws and ordinances in the following areas:

A. See Maine Revised Statutes Title 30-A Sec. 4451

Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's authorized agents. See Maine Revised Statutes Title 7 Sec. 32

Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.

Conviction: A judgement of guilt against a criminal defendant.

Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.

Covered claim: means an unpaid claim, including one for unearned premiums but excluding one for punitive damages, arising under and within the coverage and applicable limits of a policy of a kind of insurance referred to in section 4433 to which this subchapter applies issued by an insurer that becomes an insolvent insurer after May 9, 1970, and where:

A. See Maine Revised Statutes Title 24-A Sec. 4435

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Department: means the Department of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 30-A Sec. 4301

Development: means a change in land use involving alteration of the land, water or vegetation, or the addition or alteration of structures or other construction not naturally occurring. See Maine Revised Statutes Title 30-A Sec. 4301

Downstream entity: means a person other than a carrier that has assumed all or part of the insurance risk of one or more health plans under a contractual relationship with a carrier or another downstream entity. See Maine Revised Statutes Title 24-A Sec. 4331

Downstream risk arrangement: means an arrangement that transfers insurance risk from a carrier to a downstream entity. See Maine Revised Statutes Title 24-A Sec. 4331

Enrollee: means an individual who is enrolled in a health plan or a managed care plan. See Maine Revised Statutes Title 24-A Sec. 4301-A

Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}

Escrow: Money given to a third party to be held for payment until certain conditions are met.

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Family farm corporation: means a corporation founded for the purpose of farming and the ownership of agricultural land; the majority of the voting stock must be held by, and a majority of the shareholders must be, persons or the spouses of persons related to each other within the 3rd degree of kindred and at least one of the related persons must reside on or actively operate the farm; and none of the shareholders may be a corporation. See Maine Revised Statutes Title 7 Sec. 32

Farm partnership: means an association of 2 or more individuals formed for the purpose of farming. See Maine Revised Statutes Title 7 Sec. 32

Fiduciary: A trustee, executor, or administrator.

Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.

Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor

Germane: On the subject of the pending bill or other business; a strict standard of relevance.

Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}

health insurance: means insurance of human beings against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto, including provision for the mental and emotional welfare of human beings by defraying the costs of legal services only to the extent provided for in chapter 38. See Maine Revised Statutes Title 24-A Sec. 704

Health plan: means a plan offered or administered by a carrier that provides for the financing or delivery of health care services to persons enrolled in the plan, other than a plan that provides only accidental injury, specified disease, hospital indemnity, Medicare supplement, disability income, long-term care or other limited benefit coverage not subject to the requirements of the federal Affordable Care Act. See Maine Revised Statutes Title 24-A Sec. 4301-A

Home rule authority: means the powers granted to municipalities under chapter 111; section 3001; and the Constitution of Maine, Article VIII, Part Second. See Maine Revised Statutes Title 30-A Sec. 2001

Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}

Independent review organization: means an entity that conducts independent external reviews of adverse health care treatment decisions. See Maine Revised Statutes Title 24-A Sec. 4301-A

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Insolvent insurer: means a member insurer:

A. See Maine Revised Statutes Title 24-A Sec. 4435

Insurer: means any insurer as defined in section 4. See Maine Revised Statutes Title 24-A Sec. 4435

Interest in land: means all forms of direct or indirect ownership of land, except:

A. See Maine Revised Statutes Title 7 Sec. 32

Lien: A claim against real or personal property in satisfaction of a debt.

Line of credit: means an irrevocable stand-by commitment whereby the association or member insurer and a qualified financial institution or group of qualified financial institutions enter into a formal and binding contract in which the qualified financial institution or group of qualified financial institutions agree to lend a certain amount of money within a stated period of time. See Maine Revised Statutes Title 24-A Sec. 4435

Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72

Member: includes members of associations without capital stock and holders of common stock in associations organized with shares of stock. See Maine Revised Statutes Title 13 Sec. 2003

Member insurer: means any authorized insurer that writes any kind of insurance to which this subchapter applies and that is not a risk retention group as defined in section 6093, subsection 13. See Maine Revised Statutes Title 24-A Sec. 4435

Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72

Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

Municipal officers: means :

A. See Maine Revised Statutes Title 30-A Sec. 2001

Municipal official: means any elected or appointed member of a municipal government. See Maine Revised Statutes Title 30-A Sec. 2001

Municipal reviewing authority: means the municipal planning board, agency or office, or if none, the municipal officers. See Maine Revised Statutes Title 30-A Sec. 4301

Municipality: means a city or town, except as provided in chapter 225. See Maine Revised Statutes Title 30-A Sec. 2001

National Association of Insurance Commissioners: means the National Association of Insurance Commissioners or its successor organization of insurance regulators. See Maine Revised Statutes Title 24-A Sec. 15

National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}

Net direct written premiums: means direct gross premiums written on insurance policies to which this subchapter applies, less return premiums thereon and dividends paid or credited to policyholders on such direct business. See Maine Revised Statutes Title 24-A Sec. 4435

Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72

Oath: A promise to tell the truth.

Oversight: Committee review of the activities of a Federal agency or program.

Participating provider: means a licensed or certified provider of health care services, including mental health services, or health care supplies that has entered into an agreement with a carrier to provide those services or supplies to an individual enrolled in a managed care plan. See Maine Revised Statutes Title 24-A Sec. 4301-A

Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

Payments: means any amounts the carrier pays the downstream entity for services the downstream entity furnishes directly, plus amounts paid for administration and amounts paid in whole or in part based on use and costs of referral services such as withhold amounts, bonuses based on referral levels and any other compensation to the downstream entity to influence the use of referral services. See Maine Revised Statutes Title 24-A Sec. 4331

Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001

Person: means an individual or legal entity, including a governmental entity. See Maine Revised Statutes Title 24-A Sec. 4435

Personal property: All property that is not real property.

Physician group: means a partnership, association, corporation, individual practice association or other group of physicians that distributes income from the practice among members. See Maine Revised Statutes Title 24-A Sec. 4331

Potential payments: means the maximum anticipated total amount, based on the most recent year's utilization and experience and any current or anticipated factors that may affect costs, to be paid for a defined set of referral services for the carrier's subscribers and for which the downstream entity assumes by contract financial risk, to some extent, for the costs of such services. See Maine Revised Statutes Title 24-A Sec. 4331

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Provider: means a practitioner or facility licensed, accredited or certified to perform specified health care services consistent with state law. See Maine Revised Statutes Title 24-A Sec. 4301-A

Qualified financial institution: means one which is insured by the Federal Deposit Insurance Corporation, Federal Savings and Loan Insurance Corporation or a successor federal deposit insurance agency or agencies, and has an equity capital to assets ratio of 6. See Maine Revised Statutes Title 24-A Sec. 4435

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Referral services: means any specialty, inpatient, outpatient or laboratory services that a downstream entity orders or arranges, but does not furnish directly. See Maine Revised Statutes Title 24-A Sec. 4331

Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

Risk threshold: means the maximum risk, if the risk is based on referral services, to which a downstream entity may be exposed under a downstream risk arrangement without being at substantial financial risk. See Maine Revised Statutes Title 24-A Sec. 4331

Risk-sharing arrangement: means an arrangement between a carrier and a downstream entity in which the carrier continues to pay providers for a defined set of services subject to an annual reconciliation process in which costs incurred by the carrier are compared with budgeted or targeted amounts for such services and that may, if payments are different than the budgeted amount, create financial liability of the downstream entity to the carrier or the carrier to the downstream entity provided the carrier holds or retains control of any funds in excess of those required to satisfy current claims obligations or direct payment to providers for services rendered pending reconciliation. See Maine Revised Statutes Title 24-A Sec. 4331

Service of process: The service of writs or summonses to the appropriate party.

Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

Subdivision: means the division of a tract or parcel of land into 3 or more lots within any 5-year period that begins on or after September 23, 1971. See Maine Revised Statutes Title 30-A Sec. 4401

Summons: Another word for subpoena used by the criminal justice system.

Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

Trustee: A person or institution holding and administering property in trust.

Venue: The geographical location in which a case is tried.

Verdict: The decision of a petit jury or a judge.

Withhold: means a percentage of payments or set dollar amounts that a carrier deducts from a downstream entity's service fee, capitation or salary payment and that may or may not be returned to the downstream entity, depending on specific predetermined factors. See Maine Revised Statutes Title 24-A Sec. 4331