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including all lands, waters, water rights, reservoirs, pipes, | | machinery, fixtures, hydrants and tools and all apparatus and | | appliances used or usable in supplying water in the area of the | | district. The district may acquire by the exercise of the right of | | eminent domain, a right expressly delegated to the district for | | that purpose, the Fryeburg Water Company and the entire plant, | | properties, franchises, rights and privileges, except cash assets | | and accounts receivable, owned by the Fryeburg Water Company, | | including all lands, waters, water rights, dam structures, | | reservoirs, pipes, machinery, fixtures, hydrants and tools and all | | apparatus and appliances used or usable in supplying water in the | | area of the district. Except as otherwise expressly provided in | | this section and in furtherance of the acquisition of the Fryeburg | | Water Company pursuant to this section, the district may also | | acquire by the exercise of the right of eminent domain any tangible | | or intangible personal property that represents or constitutes an | | ownership interest in the company by another person or entity. |
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| | | In exercising the right of eminent domain under this Act, the | | trustees shall file with the town clerk a condemnation order that | | includes a detailed description of the property interest to be | | taken, the name or names of the owner or owners of record as far | | as they can be reasonably determined and the amount of damages | | determined by the trustees to be just compensation for the | | property or interest in the property taken. The trustees shall | | then serve upon the owner or owners of record a copy of the | | condemnation order and a check in the amount of the damages | | awarded and record a certified copy of the condemnation order in | | the Oxford County Registry of Deeds. In the event of multiple | | ownership, the check may be served on any one of the owners. This | | title passes to the district upon service of the condemnation |
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| | | order and check or upon recordation in accordance with this | | section, whichever occurs first. Acceptance and negotiation of | | the check do not bar an appeal under this section. |
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| | | Any person aggrieved by the determination of the damages | | awarded to owners of property or interests in the property under | | this section may, within 60 days after service of the | | condemnation order and check, appeal to the Superior Court of | | Oxford County. The court shall determine damages by a verdict of | | its jury or, if all parties agree, by the court without a jury or | | by a referee or referees and shall render judgment for just | | compensation, with interest when such is due, and for costs in | | favor of the party entitled to the costs. Appeal from the | | decision of the Superior Court may be made to the Law Court, as | | in other civil actions. |
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| | | The sale and transfer by the Fryeburg Water Company to the | | district of its plants, properties, assets, franchises, rights |
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