Me. Rev. Stat. » Title 23
Maine Revised Statutes

Me. Rev. Stat. tit. 23, § 157 (2026)

Appeals

✓ current as of May 2026
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The Department of Transportation or any party or parties aggrieved by an award by the State Claims Commission may appeal to the Superior Court in the county where the land is situated within 30 days from the date of issuance of the commission award. This appeal is de novo and is taken by filing a complaint setting forth substantially the facts upon which the case will be tried like other civil cases. The party appealing must provide a copy of the complaint to be filed in the Superior Court to the other party or parties within the same 30 days.   [PL 2009, c. 265, §2 (AMD); PL 2009, c. 265, §3 (AFF).]
The court shall determine the same 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 where such is due, and for costs in favor of the party entitled thereto; except that if the department appeals and if the department does not prevail, interest where such is due and costs shall be paid by the department and the owner or owners shall be reimbursed by the department for a reasonable attorney's fee.   [PL 1971, c. 593, §22 (AMD).]
If either the owner or owners of record or the department appeal and the just compensation finally awarded, exclusive of interest, is less than the gross damage determined by the State Claims Commission, exclusive of any interest allowed, then the court shall give judgment in favor of the department for the excess of the gross damage determined by the State Claims Commission, inclusive of interest, over the final award and for its costs from the time of appeal. Execution may be issued on such judgment.   [PL 1987, c. 395, Pt. A, §99 (AMD).]
If either the owner or owners of record or the department appeal and the just compensation finally awarded, exclusive of interest, is not less than the gross damage determined by the State Claims Commission, exclusive of any interest allowed, then the court shall give judgment to the owner or owners for the amount in which the final award is in excess of the amount paid the owner or owners and for interest on such excess from the date of taking and for costs from the time of appeal. The clerk shall certify the final judgment of the court to the department, which shall enter the same of record and order the same to be paid by the Treasurer of State. The judgment and certificate of judgment shall specify the withholding, if any, authorized pursuant to section 244-A, subsection 4.   [PL 1991, c. 684, §9 (AMD).]
In case of the decease of any person entitled to claim damages under this subchapter, the heirs, executors, administrators or assigns of such person shall have the right to prosecute the appeal provided for in this section under the same conditions and limitations as the original owner had, and may be substituted for the appellant in any proceedings commenced by said appellant. In case any landowner assigns, transfers or sells his right to claim damages, his assignee, transferee or vendee shall have the same rights as above set forth.  
SECTION HISTORY
PL 1965, c. 297, §10 (AMD). PL 1967, c. 436 (AMD). PL 1971, c. 593, §22 (AMD). PL 1973, c. 22, §2 (AMD). PL 1975, c. 771, §246 (AMD). PL 1987, c. 395, §A99 (AMD). PL 1991, c. 684, §§8,9 (AMD). PL 2009, c. 265, §2 (AMD). PL 2009, c. 265, §3 (AFF).
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Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1980–2021 · leading case: Merrill Trust Co. v. State, 417 A.2d 435 (Me. 1980).
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Merrill Trust Co. v. State, 417 A.2d 435 (Me. 1980). · cites it 3× “771, §§ 236, 236-A, effective January 4, 1977) to the Superior Court pursuant to 23 M.R.S.A. § 157, where the case was heard, jury waived, in December 1978.”
Terrence E. Pinkham v. Dep't of Transp., 2016 ME 74 (Me. 2016). · cites it 2× “2 See 23 M.R.S. § 157 (2015). Soon after, Pinkham requested that the MDOT produce copies of Moniz’s appraisals of all of.”
McTeague v. Dep't of Transp., 2000 ME 183 (Me. 2000). · cites it 5× “The MDOT then appealed to the Superior Court pursuant to 23 M.R.S.A. § 157 (1992 & Supp.1999). *621 [¶ 5] After a nonjury trial, the Superior Court entered judgment finding that just compensation was in the amount of $203,-500, including interest.”
Morrill v. Maine Tpk. Auth., 2009 ME 116 (Me. 2009). · cites it 2× “Section 156 previously set forth a thirty-day appeal period for a party contesting an award by the State Claims Commission: "The State Claims Commission shall state by letter the date it forwarded the award and all parties shall within 30 days designate to the commission the…”
Waning v. Dep't of Transp., 2008 ME 95 (Me. 2008). “The dismissal resulted from the court’s conclusion that Waning’s appeal from a decision of the State Claims Commission, taken by filing a complaint pursuant to 23 M.R.S. § 157 (2007), 1 failed because she did not provide the Commission with notice of her appeal *367 within…”
August Realty, Inc. v. Inhabitants of Town of York, 431 A.2d 1289 (Me. 1981). “” 23 M.R.S.A. § 157. *1291 Thus, while the department and the State Claims Board are specifically required to determine damages and to state their decisions explicitly in terms of the itemized statement of the elements of damages provided for in section 154, the Superior Court…”
Gustavus Adolphus Coll. v. Dep't of Transp., 1998 ME 173 (Me. 1998). “By letter of transmittal, the Commission informed the College of its right to appeal and stated that 23 M.R.S.A. § 157, a copy of which was attached to the letter, “describes the procedure to be followed on appeals.”
Northwoods Land Co. of Maine v. Kennebunk, Kennebunkport & Wells Water Dist., 868 A.2d 193 (Me. 2005). “2004), from which any party may appeal to the Superi- or Court within thirty days, 23 M.R.S.A. § 157 (1992 & Supp.2004). [¶ 10] Although the District’s charter adopts the procedure for establishing damages in highway eminent domain proceedings, none of the proceedings for town,…”
Richardson v. Maine Dep't of Transp. (Me. Super. Ct 2021). · cites it 2× “" 23 M.R.S. § 157. Such an appeal is taken by "setting forth substantially the facts upon which the case will be tried like other civil cases.”
Morrill v. Maine Tpk. Auth. (Me. Super. Ct 2009). · cites it 3× “He contends that even if he is not permitted to the de novo jury trial afforded by 23 M.R.S.A. § 157, he has a right to judicial review under the APA.”
McTeague v. State of Maine, Dep't of Transp. (Me. Super. Ct 2000). · cites it 3× “§ 157. "BACKGROUND! The plaintiffs (hereafter, - coleounty “Trust”) are the owners of property on the northerly side of Route 196 in Topsham, Maine.”
Waning v. Maine Dep't of Transp. (Me. Super. Ct 2007). “Waning filed timely in Superior Court pursuant to 23 M.R.S.A. § 157. However, pursuant to 23 M.”
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