LD 2370, Page 2 - 119th Legislature, SECOND REGULAR Session

~~made upon the party not served by certified or registered mail in a~~

~~manner allowed for service of a summons on a complaint in the~~

~~Superior Court, which notice shall be served at least 5 days before~~

~~the originally scheduled hearing~~ the chair of the commission may

order service by publication. The hearing ~~shall~~ must be held in

quarters suitable for a full presentation of all evidence and

located as conveniently as possible for all interested parties in

the county where the land is situated. Before making an award, the

State Claims Commission shall view the property involved with or

without the presence of the interested parties, but it shall first

notify the interested parties of the time when it will view the

property. The department ~~shall~~ must be represented at the hearing

and may present in open hearing evidence as to title, engineering

maps and data, and its opinion, evidence and appraisal or

appraisals as to the fair market value of the property involved

before and after the taking. In all matters where a verbatim record

of the proceedings is made by an official board reporter, a

transcript of the same ~~shall~~ must be furnished to the interested

parties, upon request, and upon payment of a reasonable charge for

transcribing and preparing such record. In making its award, the

State Claims Commission ~~shall~~ is not be limited by the range of

testimony produced before it but may reach its decision on the

basis of the view, the testimony and its own judgment. The State

Claims Commission may continue a hearing from time to time for

cause shown or by agreement of parties; and where such continuance

is made at the request of the landowner, may require that interest

be waived for the period of the continuance.

As promptly as possible after the conclusion of the hearing,
the State Claims Commission shall make an award in writing
specifying:

1. Owners and encumbrances. The owner or owners of record and
the holder of any mortgage, tax lien or other encumbrance of
record;

2. Nature of interest taken. The nature of the interest
taken;

3. Commission's decision on elements of damage. The State
Claims Commission's decision as to each of the elements of damage
listed in section 154, subsection 2 or 3, or the elements of
damage as set forth in section 154, subsection 4, and such other
elements of damage as are legally compensable;

4. Gross damage. The gross damage ~~which shall be~~ that is the
net damage not including interest;

Amendments	Public Hearings	Committee Information
Other Documents	Work Sessions	Title & Section

Status for LD 2370	Search Bill Text	Session Information
Bill Directory	Search Bill Status	Legislative Information
Download MS-Word RTF	Search Bill Status	Maine Legislature

Office of Legislative Information 100 State House Station Augusta, ME 04333		voice: (207) 287-1692 fax: (207) 287-1580 tty: (207) 287-6826
Word Viewer for Windows		Disclaimer