Maine Code § 23-161

Incidental expense payments
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1. Reimbursement. When the department acquires real or personal property for transportation
purposes, the department is not required to pay any taxes or assessments on that property. The
department, as soon as practicable after the date of payment of just compensation, shall reimburse the
owner from whom the property has been acquired for transportation purposes, to the extent the
department deems fair and reasonable, for expenses the owner necessarily incurred for:
A. Recording fees, transfer taxes and similar expenses, if any, incidental to conveying such
property to the State; [PL 1971, c. 333, §5 (NEW).]
B. Penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith
encumbering such real property; and [PL 1971, c. 333, §5 (NEW).]
C. The pro rata portion of real property taxes paid which are allowable to a period subsequent to
the date of vesting title in the State, or the effective date of possession of such real property by the
State, whichever is earlier. [PL 1971, c. 333, §5 (NEW).]
[PL 2017, c. 40, §1 (AMD).]
2. Determination. Any determination by the department in the administration of this section shall
be final and nothing herein shall be construed to give any person a cause of action in the State Claims
Commission or the Superior Court.
[PL 1987, c. 395, Pt. A, §102 (AMD).]

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