HomeMy WebLinkAbout1964-12-28 48-S ORDER48-5
Introduced bf Councilor Ranlett, Dec. 28� 1964
CITY OF BANGOR
(TITLE.) (ffirlbero Submitting Legislation for Enactment Amending Urb11
an
.-Renewal.Authority_Law
BY the MY Comnolt of the My ofBmnyor:
ORDERED*
THAT the attached legislation seeking to amend the Urban Renewal
Authority Law of the City of Bangor be submitted to the legislature of the
State of Maine for enactment.
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IN CITI COUNCIL
Dec. 280 1964
PASSED
CITY@{
48 -
ORDER
Tine,
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Introduced and filed by
u
Councilman
STATE OF MAINE
IN THE YEAR OF OCR LORD NINETEEN HUNDRED S=-PIVH
AN ACT Relating to Eminent Domain under Urban Renewal Authority law
in the City of Bangor.
EMERGENCY PREAMBLE. Whereas, the Urban Renewal Authority of the City of
Bangor is
now
n the execution stage of two Urban Renewal bY�) projects
within theCity of Bangor; and
Wherscertain interests in land are to be condemned by the authority
under theexercise of the power of eminent domain: and
Whereas, the magnitude of said projects i t
such that certain inequities
will develop to the detriment of Urban Renewal Authority and certain owners
of interests in land to be condemned: and
Whereas, in the judgment of the Legislature, these facts create an emergency
within the meaning of the Constitution of Maine and require the following
legislation as immediately necessary for the preservation of the public
peace, health and safety, , therefore,
Be It Enacted by the People of the State of Maine, as follows:
Sec. 1. P. & S.L., 1957, c. 168, Sec. 3, amended. The definition of
"Real Property" in Sec. 3 of Chapter 168 of the Private and Special laws
of 1957 is amended to read as follows:
`Meal property" shall Include all lands with r
the buildings o
struatur asthereon or
a d strw'cbrea alone ncludium
the 1 1 out includrn ementever, throuRM1
d h f M1 rlod of time s [he authority shall
d v f Clea wal o rebabili[a[f on of much
buildingsaorrstructures, aincluding improvements and fixtures thereon,
and property of any nature appurtenant thereto, or used in
connection
therewith, and every estate, interest and right, legal o eqtable,
therein, including terms for years and liens by way of judgment,
mortgage or otherwise and the indebtedness secured by such liens.
Sec. 2. P. & S. L., 1957, c. 168, Sec. 8, amended. Sec. 8 of Chapter
168 of the Private and Special laws of 1957, as amended, is further amended
by adding the following paragraphs:
Upon the filing of the bond or bonds with the clerk of said Superior
Court guaranteeing payment of the amount of the awards made by the
authority as just compensation for the real property taken and after
notice of the taking and award to the o of and persons having
an estate in or interest in such real property, o Interest shall
be allowed on any such award c red by said band or bands in the
Ent an appeal from said award is to be taken or if transfer of
title to the authority is delayed because of defect in the title
of any such o r for any other reason beyond the control of
the authority and not caused by the authority.
Any owner or owners of record named In said resolution and statement
s having a interest in said real property: any person
acting in their behalf, desiring to appeal such a ard: may petition
the said Superior Court for payment of any part of said award made
ceaccount of just compensation for such taking up to eighty per
nof said award. Such petition shall include:
1. A statement that the petitioner is the own of r ord of
the real property involved, i entitled to just ompensation
and has not conveyed or transferred any of his rights;
z. A statement of the mortgages: tax liens or other
encumbrances on the property involved;
3. An agreement that he will repay to the authority i
whatever manner
may be directed by the court all o any part
of any such a award paid by order of the court if its deter-
mined by the c urt that another person r persons may be
entitled to all or par[ of said award or that the valuation
of the real property described Is less than the amount of the
award paid over to him.
Upon such petition, the court may order any part of such award thug
made up to eighty percentum, to be paid by the authority to the
petitioner forthwith without prejudice to the petitioner's right to
have the amount of compensation adjudicated by appeal. In the event
of such appeal, if the just compensation finally awarded, exclusive
of interest: is less than the award of the authority then the curt
shall give judgment in favor of the authority for the excess of the
award over the final award and for its coats from the timeof appeal
and execution may be issued on such judgment. If the just competes -
tion finally awarded exclusive of interest, is not less than the
award, then the court shall give judgment to the appellant for the
amount In which the final award i sexcess of the original award
d for interest o such excess from thedate of taking end for
costs from the time of appeal. The clerk shall certify the final
judgment of the court to the authority which shall pay the same to
the appellant.
%mergency clans effective date. In of the emergency cited in the
preamble, this act shall take effect when approved.