(a) Who May Apply. An official or employee of any State agency or any political subdivision of the State which agency or subdivision is authorized by law to acquire land through the exercise of eminent domain for the purpose of providing solid waste disposal facilities may apply to a District Court Judge in the division and district in which the land to be surveyed or tested is located for a warrant under 4 M.R.S.A. § 180 to survey and conduct tests upon particularly described premises which are under consideration for condemnation.
Rule 80J.Warrants for Surveys and Tests
Last verified July 8, 2026
In one sentenceRule 80J lets a government agency with eminent domain authority for solid waste disposal facilities apply to a District Court judge for a warrant to survey and test land under consideration for condemnation, on a showing of compelling need and after advance written notice to the owner and occupant.
Full Text of Rule 80J
(b) Contents of Application. The application shall be in the form of a sworn affidavit and shall set forth:
(1) the statutory authority pursuant to which the agency or subdivision is authorized to acquire lands by eminent domain, and a description of the premises to be surveyed or tested;
(2) the facts sufficient to demonstrate a compelling need for such warrant, which need may be demonstrated by an allegation that acquisition of the land in issue is or may be necessary in order for the agency or municipality to comply with state law or regulations or for protection of the public safety, health or welfare;
(3) a statement that the applicant has requested permission from the owner of the premises to conduct such survey or test and such permission has been denied;
(4) a statement that the applicant has at least 3 days in advance of the presentation of the application given written notice to the owner and occupant of the land of the time and place at which the applicant intends to present the application to the court and the right of the owner and occupant to be present and to be heard thereat.
(c) Issuance. Upon a finding of compelling need the District Court Judge shall issue the warrant to the applicant.
(d) Contents. The warrant shall specify the grounds of compelling need, the land to be surveyed or tested, the methods to be employed and the persons authorized to conduct the same.
(e) Execution. The warrant shall be executed in compliance with the provisions of Title 4 M.R.S.A. § 180.
(f) Return. Not later than 60 days after execution of the warrant the person executing it shall file a return with the Court from which the warrant issued setting forth the date and time of the inspection and the results of the inspection.
Plain-English Summary
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.
Frequently Asked Questions
Who can apply for a warrant to survey land under Rule 80J?
An official or employee of a state agency or political subdivision authorized by law to acquire land through eminent domain for solid waste disposal facilities.
What must the application show before a survey-and-test warrant is issued?
Statutory eminent-domain authority, a description of the premises, a compelling need for the warrant, that permission was requested from the owner and denied, and that the owner and occupant received at least 3 days' advance written notice of the application with the right to attend and be heard.
How soon must the person executing the warrant report back to the court?
Within 60 days after execution, by filing a return describing the date and time of the inspection and its results.
Source & verification. The rule text and Advisory Committee’s Notes / Reporter’s
Notes are reproduced verbatim from the official Maine Rules of Civil Procedure (Me. R. Civ. P. 80J), prescribed by the
Supreme Judicial Court of Maine (4 M.R.S. § 8, the Rules Enabling Act). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: eminent domain survey warrant Mainesolid waste facility land warrantcondemnation survey warrant