Rule 80J.Warrants for Surveys and Tests

An official or employee of a state agency or political subdivision authorized to acquire land by eminent domain for solid waste disposal facilities can apply, under 4 M.R.S.A. § 180, to a District Court judge in the division and district where the land sits, for a warrant to survey and test premises under consideration for condemnation. The sworn application must set out the applicant's statutory eminent-domain authority and describe the premises, show a compelling need for the warrant — which can include showing that acquiring the land may be necessary to comply with state law or regulations or to protect public safety, health, or welfare — state that permission to survey or test was requested from the owner and denied, and confirm that the applicant gave the owner and occupant at least 3 days' advance written notice of when and where the application would be presented, including their right to be present and heard.

On a finding of compelling need, the judge issues the warrant, which must specify the grounds for that need, the land involved, the methods to be used, and who is authorized to carry them out. Execution follows the procedures set out in 4 M.R.S.A. § 180, and the person executing the warrant must file a return with the issuing court within 60 days, describing the date and time of the inspection and its results.