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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. r RLCEiVE�J .18611 iM 23 w :3:.45 CITY C1.£ws WKE ,1TYnv 94fj hRp M4dNr IN CITI COUNCIL Dec. 280 1964 PASSED CITY@{ 48 - ORDER Tine, ..................................... ..................................... 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.