1.Definition of unlawful excavation.
"Unlawful excavation" means unauthorized excavation at a site, unless:
A. A demonstrable emergency situation existed relating to the survival of the site; and [1981, c. 55, §7 (NEW).]
B. An excavation permit is immediately applied for in accordance with section 374. [1981, c. 55, §7 (NEW).]
1981, c. 55, §7 (NEW)
Notwithstanding Title 17-A, sections 4-A and 1301, a violation of this chapter is a Class E crime for which a fine of not
less than $250 must be adjudged. The unlawful excavation for any one day constitutes a separate violation. The court also
may order the defendant to pay an amount equal to the reasonable cost of a proper archaeological excavation had the area that
was unlawfully excavated been properly excavated. The Director of the Maine Historic Preservation Commission, in the name
of the people of this State through the Attorney General, may in addition to other remedies provided bring an action for an
injunction seeking one or more of the following remedies:
A. To restrain a violation of this chapter; or [1999, c. 748, §2 (AMD).]
B. To enjoin future unlawful excavation. [1999, c. 748, §2 (AMD).]
C. [1999, c. 748, §2 (RP).]
1999, c. 748, §2 (AMD)
The Attorney General, upon receiving notification of a violation of this section from the Director of the Maine Historic
Preservation Commission, is authorized to file a complaint against the person named in the District Court or the Superior
Court of the district or county in which the person resides, or in the district or county in which the violation occurred.
1989, c. 171, §2 (AMD)
1981, c. 55, §7 (NEW).
1989, c. 171, §2 (AMD).
1999, c. 748, §2 (AMD).
Data for this page extracted on 10/16/2012 08:30:36.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.