38 §2161. Condemnation proceedings
Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING HEADING: PL 1995, C. 465, PT. A, §26 (RPR
Subchapter 4: FACILITY SITING AND DEVELOPMENT HEADING: PL 1995, C. 465, PT. A, §58 (RPR)
§2161. Condemnation proceedings
At the time the office sends the notice in section 2160, the office shall file in the county commissioner's office in which the property to be taken is located and cause to be recorded in the registry of deeds in the county plans of the location of all lands, real estate, easements or interest therein, with an appropriate description and the names of the owners thereof, if known. When for any reason the office fails to acquire property that it is authorized to take, which is described in that location, or if the location so recorded is defective and uncertain, it may, at any time, correct and perfect the location and file a new description. In that case, the office is liable in damages only for property for which the owner had not previously been paid, to be assessed as of the time of the original taking, and the office is not liable for any acts that would have been justified if the original taking had been lawful. No entry may be made on any private lands, except to make surveys, until the expiration of 10 days from the filing, whereupon, possession may be had of all the lands, real estate, easements or interests therein and other property and rights as aforesaid to be taken, but title may not vest in the office until payment for the property is made. [1995, c. 656, Pt. A, §48 (AMD).]
SECTION HISTORY
1989, c. 585, §A7 (NEW). 1995, c. 656, §A48 (AMD).