Maine Revised Statutes

Me. Rev. Stat. tit. 23, § 155 (2026)

Negotiation

✓ current as of May 2026

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The department shall have 60 days from the date of taking within which to negotiate with the owner or owners of record for an agreement as to the amount of just compensation. If within that time the owner rejects the State's offer of just compensation, such owner may apply to the department and have the matter referred to the State Claims Commission for assessment of the damage. If, at the expiration of that time, no such agreement for just compensation has been made, the department shall immediately file a petition with the State Claims Commission setting forth the pertinent facts including the names and addresses of the owner or owners of record and the holders of any mortgages, tax liens or other encumbrances, a copy of the notice of condemnation, the statement of the department and a plan of the property involved as served upon the owner or owners of record in accordance with section 154 and requesting a hearing and an award of just compensation. [PL 1987, c. 395, Pt. A, §97 (AMD).]

SECTION HISTORY

PL 1965, c. 297, §5 (AMD). PL 1975, c. 771, §239 (AMD). PL 1987, c. 395, §A97 (AMD).

Notes of Decisions

Cited in 6 cases, 1981–2016 · leading case: Terrence E. Pinkham v. Dep't of Transp., 2016 ME 74 (Me. 2016).

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Terrence E. Pinkham v. Dep't of Transp., 2016 ME 74 (Me. 2016). · cites it 2× “The MDOT provided Pinkham with a copy of those portions of Moniz’s appraisal report that applied to Pinkham’s property, and then made Pinkham an offer of “just compensation” for the taking as required by 23 M.R.S. § 155 (2015). After Pinkham rejected the offer, the matter was…”

Morrill v. Maine Tpk. Auth., 2009 ME 116 (Me. 2009). “Morrill claimed that this sum was insufficient, and the matter was referred to the State Claims Commission in accordance with 23 M.R.S. § 155 (2008). Following a hearing, the Commission mailed him a copy of its decision awarding him $31,134.”

August Realty, Inc. v. Inhabitants of Town of York, 431 A.2d 1289 (Me. 1981). “23 M.R.S.A. § 155. After a hearing, the Board determines “each of the elements of damage listed in section 154” and such other elements of damages as are legally com-pensable.”

McTeague v. Dep't of Transp., 2000 ME 183 (Me. 2000). “Accordingly, the issue of whether the sum was just compensation was referred to the State Claims Commission pursuant to 23 M.R.S.A. § 155 (1992). After a hearing, the Commission determined that damages to the trustees from the taking were $274,138.”

Northwoods Land Co. of Maine v. Kennebunk, Kennebunkport & Wells Water Dist., 868 A.2d 193 (Me. 2005). “23 M.R.S.A. § 155 (1992). The Commission then holds a hearing and makes an award, 23 M.”

McTeague v. State of Maine, Dep't of Transp. (Me. Super. Ct 2000). “» The Trust, which continues to own all of the remaining lots in the subdivision, rejected this sum and appealed to the State Claims Commission pursuant to 23 M.R.S.A. § 155. The Commission determined 2See Stipulation 1 4.”

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