LD 2487
pg. 29
Page 28 of 30 An Act to Amend the Jurisdiction of the District Court Page 30 of 30
Download Bill Text
LR 3308
Item 1

 
Sec. 76. 32 MRSA §13068, sub-§1, as enacted by PL 1987, c. 395, Pt. A,
§212, is amended to read:

 
1. Licensing. After hearing, the commission may affirm,
modify or reverse the director's decision to deny an examination,
license or renewal license, or, in its discretion, file a
complaint in the Administrative District Court pursuant to Title
4, chapter 25 5 and Title 5, section 10051, to determine whether
a license may be denied.

 
Sec. 77. 33 MRSA §153 is repealed and the following enacted in its
place:

 
§153.__Sale or mortgage of estates subject to contingent

 
remainders

 
1.__Sale or mortgage.__When real estate is subject to a
contingent remainder, executory devise or power of appointment,
the Superior Court, the District Court or the Probate Court for
the county or district in which the real estate is situated may,
upon the petition of any person who has an estate in possession
in the real estate and after notice and other proceedings as
required, appoint one or more trustees and authorize the trustee
or trustees:

 
A.__To sell and convey the estate or any part of the estate
in fee simple, if such a sale and conveyance appears to the
court to be necessary or expedient; or

 
B.__To mortgage the estate, either with or without power of
sale, for such an amount, on such terms and for such
purposes as may seem to the court judicious or expedient.

 
The conveyance or mortgage is valid and binding upon all parties.

 
2.__Petition.__The petition must set forth the nature of the
petitioner's title to the real estate, the source from which the
title was derived, the names and addresses of all persons known
to be interested in the real estate and any other facts necessary
for a full understanding of the matter.

 
Sec. 78. 35-A MRSA §704, sub-§3, as enacted by PL 1987, c. 141, Pt. A,
§6, is amended to read:

 
3. Violation of rules. If the commission finds that a public
utility has willfully or recklessly violated any substantive rule
promulgated by the commission pursuant to the authority granted
in this section, the commission may bring a complaint against the
public utility before the Administrative District Court as
provided in Title 5, section 10051, subsection


Page 28 of 30 Top of Page Page 30 of 30