Maine Lands Excluded from the Operating Agreement For Pre 1989 Agreements

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Multi-State
Control #:
US-OG-708
Format:
Word; 
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Description

This is a paragraph that sets out the Agreement that will be in force should some of the lands covered in the original Agreement no longer be subject to the Agreement, due to the lands being acquired by one or more Parties.

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FAQ

Eminent domain refers to the power of the government to take private property and convert it into public use, referred to as a taking. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.

Someone can walk through the woods to get to a lake, look at the lake, and walk back. But a person cannot, except for the permissive access custom, swim or fish from the shore. Nor can that person make use of recreational rights on the lake without being able to get to the lake with a car, canoe, or boat.

Criminal trespass in Maine is knowingly entering a dwelling place, locked structure. Further, criminal trespass includes when one enters any place from which that person may lawfully be excluded and that is posted. 17-A M.R.S.A. § 402.

Eminent domain is the power possessed by governments to take over the private property of a person without his/her consent. The government can only acquire private lands if it is reasonably shown that the property is to be used for public purpose only.

In Maine, eminent domain gives the government the power to take your property, even if you don't want to sell. But under the Fifth Amendment, eminent domain must be for a ?public use,? which traditionally meant projects like roads or bridges.

If you don't claim the property within 7 days, or don't pick it up within 14 days, your landlord may: sell the property for fair market value, get rid of anything they think has no fair market value, or. return your property to you only if you pay for rent owed, damages, and costs of storage.

Section 1 59-A. If someone uses your land or passes through your land for outdoor recreation or harvesting, you assume no responsibility and incur no liability for injuries to that person or that person's property. You are protected whether or not you give permission to use your land.

There are two ways or two conditions for condemning authority to acquire property, one to just compensation, the other, the public use and necessity, just compensation will not stop taking.

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Maine Lands Excluded from the Operating Agreement For Pre 1989 Agreements