NOTICE OF INTENTIONS TO LAY OUT, ALTER OR WIDEN TOWN WAY
ORDER OF CONDEMNATION
WARRANT ARTICLE TO APPROVE TAKING AND APPROPRIATE DAMAGES FOR TOWN WAY
CERTIFICATE OF TAKING
(form Municipal Roads Manual, Maine Municipal Association, 1992)

This Maine Municipal Association publication is presented for "Classroom Use Only."  Its intended use is to stimulate and aid in discussion and role playing within a classroom setting.

---

NOTICE OF INTENTIONS TO LAY OUT, ALTER OR WIDEN TOWN WAY (23 M.R.S.A. 93022)

To the Inhabitants of the Town of ____________________________, Maine:

Pursuant to 23 M..R.S.A. §3022, notice is hereby given of the intentions of the Municipal Officers of the Town of ______________________, Maine to lay out/alter/widen (strike inapplicable language) a town way, as follows:

(here insert reasonably certain property description)

and to meet for this purpose on the day of ___________________________, 19____ at _______ o'clock in the _____ noon at ______________________________________ (location) at which all persons interested therein may be present.

Dated this _____________ of ________________________, 19_____. 

Municipal Officers of the Town of _________________________, Maine

(signature)

(signature)

(signature)

*This notice must be posted at least 7 days in 2 public places in the municipality and in the vicinity of the way (23 M.R.S.A. §3022) .

ORDER OF CONDEMNATION
(23 M.R.S.A. §3023)

 To the Within-named Owner(s) of Record:

Pursuant to 23 M.R.S.A. §3023, the Municipal Officers of the Town of ___________________, Maine, having given notice of their intentions to lay out/alter/widen (strike inapplicable language) a town way by posting the notice at least 7 days in 2 public places in the Town, at and at and in the vicinity of the way, at and having met for this purpose in accordance with the notice and determined that public exigency requires the immediate taking of the property / the Town is unable to purchase the property at what the Municipal Officers deem reasonable valuation / title to the property is defective (strike inapplicable language), do hereby lay out/alter/widen (strike inapplicable language) the way and take certain property in the Town for this purpose, as follows:

(here insert metes and bounds property description)

and determine the amount of damages to be paid to the owner(s) of record as just compensation therefor, as follows:

$_______________________ to ___________________________;

$_______________________ to ___________________________;

$_______________________ to ___________________________;

Dated this ________ day of _________________________, 19_____.

Municipal Officers of the Town of ___________________________, Maine

(signature)

(signature)

(signature)

This order must be filed with the town clerk and a copy then served upon the owner(s) of record (where the municipal officers have the legislative power of appropriations) or sent to the owner(s) of record by registered mail (where the town meeting has the legislative power of appropriations); a check in the amount of damages must be served with the copy of the order (where the municipal officers have the legislative power of appropriations) or immediately after the town meeting has approved an article (where the town meeting has the legislative power of appropriations); title passes upon service of the check or recording of a certificate in the registry of deeds, whichever occurs first (23 M.R.S.A. §3023).

WARRANT ARTICLE
TO APPROVE TAKING AND APPROPRIATE DAMAGES FOR TOWN WAY
(23 M.R.S.A. §3023)

 Article ______.       To see if the Town will vote to approve the taking of certain property in the Town for a town way as laid                                  out/altered/widened (strike inapplicable language) by the Municipal Officers in an Order of Condemnation                                  dated ______________, 19__________ and filed with the Town Clerk, as follows:

(here insert metes and bounds property description)

and to appropriate the amount of damages to be paid to the owner(s) of record as just compensation therefor, as determined in the order, as follows:

$_______________________ to ___________________________;

$_______________________ to ___________________________;

$_______________________ to ___________________________;

*This article may not be amended except to increase the amount of damages to be paid (23 M.R.S.A. §3023).

CERTIFICATE OF TAKING
For Towns Where Municipal Officers Have Legislative Power of Appropriation
(23 M.R.S.A. §3024)

 To Whom It May Concern:

Pursuant to 23 M.R.S.A. §3024, it is hereby certified that an Order of Condemnation dated ________________, 19____ was duly filed with the Town Clerk of the Town of _____________________________, Maine by the Municipal Officers of the Town laying out/altering/widening (strike inapplicable language) a town way and taking certain property in the Town for this purpose, as follows:

(here insert metes and bounds property description)

and determining the amount of damages to be paid to the owner(s) of the record as just compensation therefor, as follows:

$_______________________ to ___________________________;

$_______________________ to ___________________________;

$_______________________ to ___________________________;

and that a copy of the order and a check in the amount of damages were duly served upon said owner(s) of record, all in accordance with 23 M.R.S.A. §§3022, 3023.

Dated this ______________day of_____________________,  19____.

 Attest:

Town Clerk of the Town of ______________, Maine

 ______________________________________(signature)

 ACKNOWLEDGMENT

STATE OF MAINE

_____(county)____,  ss.                                                  _______________________, 19___

Personally appeared the above-named ___________________________________, Town Clerk of the Town of   _________________________, Maine, and acknowledged the foregoing instrument to be his/her free act and deed in his/her capacity.

_____________________________(signature)
Justice of the Peace/Notary Public

*This certificate must be recorded in the registry of deeds.