Maine § 1202. - Definitions

§ 1202.. Definitions

As used in this chapter the following words shall have the following meanings.   [PL 1975, c. 509, §1 (RPR).]

1.  Coastal island.  "Coastal island" means a natural land formation protruding above the surface of and surrounded by Maine's coastal waters at mean high tide or any portion of such land formation.

2.  Coastal waters.  "Coastal waters" means all waters of the State within the rise and fall of the tide and to the marine limits of the jurisdiction of the State.

3.  Person.  "Person" shall include individuals, partnerships, corporations, municipalities and other legal entities but shall not include the State and its agencies or the Federal Government.

4.  Residential structure.  "Residential structure" means a building used as a seasonal or year-round dwelling which was in existence on July 5, 1973.

5.  Traceable.  "Traceable" means derived through successive transfers which were accomplished by written evidence of title or by intestate succession. No intestate succession shall be included without clear and convincing evidence supplied by the registrant showing the interest which passed into the registrant's chain of title by the succession.

6.  True owner.  "True owner" means a person who holds title to a coastal island which is:

A. Traceable to that person from a written evidence of title which describes such island in sufficient detail to locate such coastal island on a map of the United States Coast and Geodetic Survey for Maine's coastal waters for use in 1972 and is dated prior to July 13, 1913; or   [PL 1975, c. 509, §1 (NEW).]

B. By adverse possession.   [PL 1975, c. 509, §1 (NEW).]

7.  Written evidence of title.  "Written evidence of title" means:

A. A deed, including tax and mortgage foreclosures, filed in the appropriate county registry of deeds;   [PL 1975, c. 509, §1 (NEW).]

B. A record of a Maine probate proceeding;   [PL 1975, c. 509, §1 (NEW).]

C. An order of a court of competent jurisdiction; or   [PL 1975, c. 509, §1 (NEW).]

D. Other authenticated writing which creates, confirms or evidences ownership of the coastal island as determined by the Director of the Bureau of Parks and Lands or the director's designate, after consultation with the Attorney General.   [PL 1975, c. 509, §1 (NEW); PL 1995, c. 502, Pt. E, §30 (AMD); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]