Maine Code § 38-2160

Procedure in exercise of right of eminent domain
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The right of eminent domain granted in section 2159 may only be exercised after complying with
the following procedures. [PL 1989, c. 585, Pt. A, §7 (NEW).]
1. Notice to owner. The bureau shall provide to the owner or owners of record notice of the
following:
A. The determination of the bureau that it proposes to exercise the right of eminent domain; [PL
2011, c. 655, Pt. GG, §45 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
B. A description and scale map of the land or easement to be taken; [PL 1989, c. 585, Pt. A, §7
(NEW).]
C. The final amount offered for the land or easement to be taken, based on the fair value as
estimated by the bureau; and [PL 2011, c. 655, Pt. GG, §45 (AMD); PL 2011, c. 655, Pt. GG,
§70 (AFF).]
D. Notice of the time and place of the hearing provided in subsection 4. [PL 1989, c. 585, Pt. A,
§7 (NEW).]
Notice may be made by personal service in hand by an officer duly qualified to serve civil process in
this State or by certified mail, return receipt requested, to the last known address of the owner or owners.
If the owner or owners are not known or can not be notified by personal service or certified mail, notice
may be given by publication in the manner provided in subsection 4.
[PL 2011, c. 655, Pt. GG, §45 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
2. Notice to tenant. Notice shall be given to any tenant in the same manner notice is given to the
owner of the property.
[PL 1989, c. 585, Pt. A, §7 (NEW).]
3. Notice to the affected municipality. Notice shall be given to the municipality in which the
property to be acquired is located in the same manner notice is given to the owner of the property and
shall be addressed to the municipal officers.
[PL 1989, c. 585, Pt. A, §7 (NEW).]
4. Hearing. The bureau shall hold a public hearing on the advisability of its proposed exercise of
the right of eminent domain. Notice of the hearing must be made by publication in a newspaper of
general circulation in the area of the taking and published once a week for 2 successive weeks, the last
publication to be at least 2 weeks before the time appointed in the hearing. The hearing notice must
include:
A. The time and place of the hearing; [PL 1989, c. 585, Pt. A, §7 (NEW).]
B. A description of the land or easement to be taken; and [PL 1989, c. 585, Pt. A, §7 (NEW).]
C. The name of the owners, if known. [PL 1989, c. 585, Pt. A, §7 (NEW).]
[PL 2011, c. 655, Pt. GG, §46 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

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