An Act to Ensure that Utility Property is used to Further the Public Interest
Maine Legislature, Session 121, LD 0067
Committee: Utilities and Energy
Sponsors: GOODWIN
Amends: 35-A MRSA §3136

Legislative Document 
No. 67 
H.P.75 
House of Representatives, January 16,2003 
An Act to Ensure that Utility Property is used to Further the Public 
Interest 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative GOODWIN of Pembroke. 
Printed on recycled paper 
17/~/h.1lJu~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 35-A MRSA §3136, sub-§I, as amended by PL 1999, c. 
398, Pt. A, §Sl and affected by §§104 and IDS, is further amended 
to read: 
1. 
Land 
necessary 
for 
location of 
transmission 
lines 
carrying 5,000 volts. Any transmission and distribution utility 
may take and hold by right of eminent domain lands and easements 
necessary for the proper location of its transmission lines that 
are designed to carry voltages of S, 000 volts or more and of 
necessary 
appurtenancesT-~~-witaiR-~~-teFFit9Fy--~-waiea 
tae-~~~~~~y--~~~~~~~-t9-~~~~-~~~~~~Y-B~siRessT in the 
same manner and under the same conditions as set forth in chapter 
6S. 
Sec. 2. 35-A MRSA §3136, sub-§2, 1JC, as amended by PL 2001, c. 
608, §2, is further amended to read: 
C. 
Lands or easements so closely paralleling existing wire 
lines of other utilities that the proposed transmission 
lines would substantially interfere with service rendered 
over the existing lines, except with the e9RseRt approval of 
the 9WReFS commission; 
Sec.3. 35-A MRSA §3136, sub-§5 is enacted to read: 
5. 
Change 
in 
use; 
prohibition. 
A 
transmission 
and 
distribution utility may 
not 
use 
property that it acquires 
through the exercise of eminent domain, 
or property that it 
acquires by other means but that it had authority to take by 
eminent domain, for any purpose other than the purpose for which 
the property was acquired and may not sell, lease, conveyor 
otherwise transfer its interest in that property to any other 
entity, 
including 
but 
not 
limited to 
an affiliate of 
the 
transmission and distribution utility, without the permission of 
the commission. 
SUMMARY 
This bill: 
1. 
Removes the territorial limit in which a transmission 
and distribution utility may exercise eminent domain to take land 
for transmission lines; 
2. 
Changes current law from requiring the permission of 
SO 
line owners to requiring the permission of the Public Utili ties 
Page l-LROS67(1) 
Commission before a transmission and distribution utility may use 
eminent 
domain 
in 
acquiring 
lands 
or 
easements 
so 
closely 
paralleling existing wire lines of other utilities that the 
proposed transmission lines would substantially interfere with 
service rendered over the existing lines; and 
3. 
Prohibits a transmission and distribution utility from 
using property that it acquires through the exercise of eminent 
domain or property that it acquires by other means but that it 
had authority to take by eminent domain for any purpose other 
than the purpose for which the property was acquired, and also 
prohibits 
the 
transmission 
and 
distribution 
utility 
from 
transferring its interest in that property to any other entity, 
including an affiliate, without the permission of the commission.