§6007. Estimate of damages; guardian; security for costs
For real estate taken pursuant to section 6002, the owners are entitled to damages to be paid by the corporation. The corporation shall attempt to settle the amount of damages, with the consent of the owners, within 60 days from the date of the taking. If all parties do not agree on the amount of damages, they shall be estimated by the county commissioners on written application by either party. The county commissioners shall estimate the damages within one year of the date application is made. When no estimate is made within that time, the owner may maintain a civil action or have any remedy provided. The guardian of a person incapable of giving a valid conveyance whose land is taken may settle and give a valid release for damages. Persons having any interest in that land have the rights and remedies of owners to the extent of their interest. When requested by the owner, the commissioners shall require the corporation to give security for the payment of damages and costs by depositing, at its risk, with the clerk, specie, notes or obligations of a state or public corporation or other security satisfactory to the party requiring it. When entitled to it, so much of any specie so deposited shall be paid to him as will satisfy his judgment. Notes or obligations so deposited shall be delivered to the officer having a warrant of distress, to be by him sold as personal property is sold on execution, to satisfy the warrant and fees and any balance shall be paid to the treasurer of the corporation. When it neglects for more than 30 days to give the security required, the owner is entitled to the remedies by injunction. [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
Structure Maine Revised Statutes
23 §6001. Land bought or taken
23 §6002. Land for improvements; proceedings
23 §6004. Land taken for change
23 §6005. Limitation of right to enter or take land
23 §6007. Estimate of damages; guardian; security for costs
23 §6008. Petitions for assessment of damages
23 §6009. Cattle guards and passes; double damages
23 §6010. Award of damages; terms and conditions
23 §6011. Commissioners' report of damages and rights of parties; notice
23 §6012. Appeals; notice and proceedings
23 §6013. Deposit of damages, interest and costs
23 §6014. When damages not paid
23 §6015. Service of process and notice
23 §6016. Breach of injunction
23 §6017. Station grounds not to be taken by another company
23 §6018. Use of passenger stations
23 §6019. Loitering about or soliciting passengers
23 §6021. Fences; liability for injuries
23 §6022. Line fences built on notice of abutter
23 §6023. Injuring fences; turning animals into railroad enclosure
23 §6024. Company liable for trespasses on adjoining land
23 §6025. No title to lands of railroads by adverse possession