CHAPTER 16
S.P. 159 - L.D. 503
An Act to Authorize the Town of Bar Harbor to Acquire the Bar Harbor Water Company
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, it is imperative that the Town of Bar Harbor establish control of the distribution of water to the inhabitants of the Town of Bar Harbor as soon as possible and take necessary action to comply with requirements of the federally mandated water quality standards without further delay; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. Town authorized to acquire property and franchises of Bar Harbor Water Company. The Town of Bar Harbor, through its municipal officers, may acquire by purchase the Bar Harbor Water Company and the entire plant, properties, franchises, rights and privileges owned by the Bar Harbor Water Company, located within the Town of Bar Harbor, including all lands, waters, water rights, reservoirs, pipes, machinery, fixtures, hydrants and tools and all apparatus and appliances used or usable in supplying water in the area of the town. The town may acquire by the exercise of the right of eminent domain, a right expressly delegated to the town for that purpose, the Bar Harbor Water Company and the entire plant, properties, franchises, rights and privileges, except cash assets and accounts receivable, owned by the Bar Harbor Water Company, including all lands, waters, water rights, dam structures, reservoirs, pipes, machinery, fixtures, hydrants and tools and all apparatus and appliances used or usable in supplying water in the area of the town. Except as otherwise expressly provided in this section and in furtherance of the acquisition of the Bar Harbor Water Company pursuant to this section, the town may also acquire by the exercise of the right of eminent domain any tangible or intangible personal property that represents or constitutes an ownership interest in the company by another person or entity.
In exercising the right of eminent domain under this Act the municipal officers shall file with the town clerk a condemnation order that includes a detailed description of the property interest to be taken, the name or names of the owner or owners of record as far as they can be reasonably determined and the amount of damages determined by the municipal officers to be just compensation for the property or interest in the property taken. The municipal officers shall then serve upon the owner or owners of record a copy of the condemnation order and a check in the amount of the damages awarded and record a certified copy of the condemnation order in the Hancock County Registry of Deeds. In the event of multiple ownership, the check may be served on any one of the owners. This title passes to the town upon service of the condemnation order and check or upon recordation in accordance with this Act, whichever occurs first. Acceptance and negotiation of the check do not bar an appeal under this Act.
Any person aggrieved by the determination of the damages awarded to owners of property or interests in the property under this Act may, within 60 days after service of the condemnation order and check, appeal to the Superior Court of Hancock County. The court shall determine damages by a verdict of its jury or, if all parties agree, by the court without a jury or by a referee or referees and shall render judgment for just compensation, with interest when such is due, and for costs in favor of the party entitled to the costs. Appeal from the decision of the Superior Court may be made to the Law Court, as in other civil actions.
Sec. 2. Existing laws not affected; rights conferred subject to provisions of law. Nothing contained in this Act is intended to repeal or may be construed as repealing the whole or any part of any existing law, and all the rights and duties mentioned in this Act must be exercised and performed in accordance with all the applicable provisions and amendatory acts to the Maine Revised Statutes, Title 35-A to the extent that Title 35-A and its amendments affect the operations of the Town of Bar Harbor.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 9, 2001.
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