LD 1199
pg. 12
Page 11 of 23 PUBLIC Law Chapter 228 Page 13 of 23
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LR 571
Item 1

 
The jail authority formed under this chapter, in exercising
the right of eminent domain conferred upon it by section 1902
shall file in the office of the commissioners of the county in
which the property to be taken is located and cause to be
recorded in the registry of deeds in the county plans of the
location of all lands, real estate, easements or interest in
lands, real estate or easements, with an appropriate description
and the names of the owners, if known.__When for any reason the
jail authority fails to acquire property that the jail authority
is authorized to take and that is described in that location, or
if the description of the location so recorded is defective and
uncertain, the authority may, at any time, correct and perfect
the description of the location and file a new description.__In
that case, the jail authority 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 jail
authority is not liable for any acts that would have been
justified if the original taking had been lawful.__Entry may not
be made on any private lands, except to make surveys, until the
expiration of 10 days from the filing, at which time possession
may be had of all the lands, real estate, easements or interests
in lands, real estate or easements and other property and rights
to be taken, but title may not vest in the jail authority until
payment for the property.

 
§1905.__Appeal

 
If a person sustaining damages by the taking by the jail
authority under section 1903 does not agree with the jail
authority upon the sum to be paid, either party, upon petition to
the superior court of the county in which the property is
located, may have the damages assessed by the superior court.__
The procedure and all subsequent proceedings and right of appeal
must be under the same restrictions, conditions and limitations
as are or may be by law prescribed in the case of damages by the
laying out of highways by the commissioners, except that title to
the lands, real estate, easements or interests in lands, real
estate or easements and other property and rights to be taken may
not vest in the jail authority until payment to the owner of the
amount awarded for the taking or, if the payment is refused upon
tender, until tender is made to the owner. The amount awarded
must be escrowed at interest for the benefit of the owner,
pending final determination of the amount to which the owner is
entitled.

 
§1906. Procedures

 
The directors may adopt procedures to regulate the corrections
activities within the jail authority consistent with the
provisions of the operating and governance agreement.


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