§6502. Proceedings before entry; location and map; description

1.  Description.  All property taken by eminent domain shall, before it is entered upon for any purpose except to make surveys, be located by a description, signed by the party taking the property. The description shall:

A. Describe in detail the property taken;   [PL 1987, c. 141, Pt. A, §6 (NEW).]

B. Give the names of the owners; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]

C. Be accompanied by a map showing the property as described.   [PL 1987, c. 141, Pt. A, §6 (NEW).]

[PL 1987, c. 141, Pt. A, §6 (NEW).]

2.  Filing location and map.  The party taking the property shall file the location and map with the county commissioners of the county where the property is located, who shall:

A. Endorse the time of filing on the location and map; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]

B. Order the location recorded.   [PL 1987, c. 141, Pt. A, §6 (NEW).]

[PL 1987, c. 141, Pt. A, §6 (NEW).]

3.  Recording location.  The taker shall record the location in the registry of deeds of the county or registry district where the property is located.

[PL 1987, c. 141, Pt. A, §6 (NEW).]

4.  Personal notice given to mortgage holder.  When there is a recorded mortgage covering any portion of the land taken, which has been recorded within 40 years of the taking and bears no record of discharge, satisfaction or release, the taker shall give personal notice to the owner of record of the mortgage by sending to the mortgage holder's residence, if known, otherwise to the residence or address set forth in the record, by registered mail, a written notice of the taking which shall contain a description of the property taken and the name of the owner.

[PL 1987, c. 141, Pt. A, §6 (NEW).]

5.  Description corrected.  When for any reason the taker fails to acquire the property authorized to be taken and which is described in the location, or the location recorded is defective or uncertain, the taker may, at any time, correct and perfect the location and file a new description.

[PL 1987, c. 141, Pt. A, §6 (NEW).]

6.  Liability of taker.  If a description is corrected under subsection 5, the taker is liable in damages only for property for which the owner had not previously been paid, to be assessed as of the time of the original taking, and the taker shall not be liable for any acts which would have been justified if the original taking had been valid.

[PL 1987, c. 141, Pt. A, §6 (NEW).]

SECTION HISTORY

PL 1987, c. 141, §A6 (NEW).