§712. --security for
When any person whose lands are so flowed or from whose lands the water is so diverted files a complaint for ascertaining or increasing the person's damages, or brings a civil action as provided in section 713, and moves the court to direct the owner or occupant of such mill or canal to give security for the payment of the annual damages, and the court so orders, the owner or occupant refusing or neglecting to give such security has no benefit of this chapter; but is liable to be sued for the damages occasioned by such flowing in a civil action. [RR 2021, c. 2, Pt. B, §250 (COR).]
SECTION HISTORY
RR 2021, c. 2, Pt. B, §250 (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