| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 23 MRSA §61, sub-§2-A is enacted to read: |
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| | 2-A.__Easements may be conveyed.__The Department of | Transportation may grant or otherwise transfer easements over | property taken or acquired for transportation purposes when the | department in its sole discretion determines that the conveyance | of such easements is appropriate and necessary. |
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| | Sec. 2. 23 MRSA §154-D, 2nd ¶, as amended by PL 1987, c. 395, Pt. A, | §96, is further amended to read: |
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| | Any person displaced by a taking or acquisition who remains in | occupancy after the date of acquisition shall may be required to | pay rent compensation from the date of the acquisition. The | consideration compensation paid by the tenant or displaced person | shall may not exceed fair rental value of the property based on | short-term occupancy. If the tenants or displaced person and the | department cannot reach agreement as to equivalent of fair rental | value for the initial 90-day period after acquisition, each may | apply to the State Claims Commission in writing for such a | determination as to the fair rental value. The State Claims | Commission's jurisdiction to determine the fair rental value | shall be is limited solely to the initial 90-day period. Any | consideration compensation to be paid by the tenant or displaced | person after the initial 90-day period shall must be determined | solely by the department. |
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| | Sec. 3. 23 MRSA §156, as affected by PL 1997, c. 508, Pt. A, §3 and | amended by Pt. B, §5, is further amended to read: |
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| §156. Hearing before commission |
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| | The State Claims Commission shall immediately enter the | petition of the department upon its docket and assign a date for | hearing at the earliest possible date. The chairman chair of the | board commission shall assign no more than 3 members of the board | commission for hearings, one of whom shall must be an appraiser | and one an attorney at law. Notice of the time and place for the | hearing shall must be mailed by registered or certified forwarded | by regular mail to the department and to the owner or owners of | record and to the holders of any mortgage, tax lien or any other | encumbrance on the property involved at least 14 days before the | date of the hearing. In the event the notice required is returned | to the State Claims Commission marked "refused" or "unclaimed" by | the United States post office, the State Claims Commission may, | at its option, reschedule the hearing by giving the notice | required in this paragraph, or it may cause the matter to be | heard on the day originally scheduled by causing service to be |
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