§703. Defenses
The owner or occupant of such mill or canal may answer that the plaintiff has no right, title or estate in the lands alleged to be injured; or that the owner or occupant has a right to maintain such dam, and flow the lands, or divert the water for an agreed price, or without any compensation; or any other matter that may show that the plaintiff cannot maintain the action; but the owner or occupant may not answer that the land described is not injured by such dam or canal. [RR 2021, c. 2, Pt. B, §248 (COR).]
SECTION HISTORY
RR 2021, c. 2, Pt. B, §248 (COR).
Structure Maine Revised Statutes
TITLE 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: ACTION FOR DAMAGES
38 §705. Appointment of commissioners; appraisal of damages
38 §707. Payment in gross; bar
38 §708. Commissioners' report for jury
38 §709. Acceptance of commissioners' report
38 §710. Verdict or report bars future action
38 §713. Action for unpaid damages; lien
38 §714. Execution sale of land and mill
38 §718. --offer of increased compensation
38 §719. --offer to accept less compensation
38 §720. Tenants may make offers
38 §721. Common law remedy limited
38 §722. Double damages if restrictions violated
38 §723. Agreement of parties binding, if recorded
38 §724. Judgment no bar to new complaint
38 §726. No abatement by death
38 §727. If complaint abates, rights preserved by new complaint