LD 2370
pg. 3
Page 2 of 6 An Act to Amend Certain Transportation Laws Page 4 of 6
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LR 3520
Item 1

 
5. Net amount of award. The net amount of the award which
shall be that is the net damage less the amount paid the owner or
owners at the date of taking;

 
6. Interest on award. The interest, if any, due on the net
amount of the award from the date of taking to the date of the
award;

 
7. Award. The award which shall be that is the net damage,
less the amount paid the owner or owners at the date of taking
plus interest on the net amount of the award; and

 
8. Withholding. The withholding, if any, authorized pursuant
to section 244-A, subsection 4.

 
No interest may be allowed on so much of the net damage that
has been paid to the owner or owners.

 
An attested copy of each award must be sent immediately to the
Department of Transportation and to the party or parties named in
the award. The State Claims Commission shall state by letter the
date it forwarded the award and all parties shall within 30 days
designate to the commission the award or awards from which an
appeal will be taken to Superior Court. If no appeal is taken
within 30 days of the date of issuance of the commission award,
the State Claims Commission shall promptly notify the Department
of Transportation. The Department of Transportation shall,
within 60 days from the date of issuance of the commission award,
pay the awarded amount to the party or parties named in the
award.

 
Service as required by this section must chapter may also be
made in the manner prescribed by Rule 5 of provided by the Maine
Rules of Civil Procedure.

 
Upon certification by the Department of Transportation that
after due diligence the address of owners of record can not be
determined or when the State Claims Commission notice by mail is
returned to the commission unclaimed or unknown or where personal
service can not be made, the chair of the commission may order
service by publication. Notice of the time and place of the
review and hearing must be published once in a newspaper of
general circulation in the county in which the subject property
is located. The commission shall then proceed with the hearing as
in other cases and the appeal provisions must be available to the
Department of Transportation and the record owner or owners, or
any one of them, who appears and makes application for appeal
pursuant to section 157.


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