An Act To Protect Businesses from Unnecessary Eminent Domain Takings
Maine Legislature, Session 122, LD 1904
Committee Amendment CA_A_H1046 (House)
Amends: 1 MRSA §816

COMMITTEE AMENDMENT ·A" to H.P. 1345, L.D. 1904, Bill, "An 
Act To Protect Businesses from Unnecessary Eminent Domain Takings" 
Amend the bill by striking out all of the emergency preamble. 
Further amend the bill by striking out everything after the 
enacting clause and; before the summary and inserting in its place 
the following: 
. Sec. 1. 1 MRSA §816 is enacted to read: 
§816. 
Requirements for eminent domain taking of property on 
which business is located 
1. 
Necessity: minimum amount necessary. 
Notwithstanding 
any law to the contrary, the State, a political subdivision of 
the State or any other entity with eminent domain authority may 
not take private property on which a business is located unless: 
A. 
The taking is necessary to carry out the stated public 
purpose for which the property is being taken; and 
B. 
The property taken is limited to the minimum amount 
necessary to carry out the public purpose and is limited so 
as to maximize the ability of the business to continue. 
2. 
Property on which business is located. 
For the purposes 
of this section, "property on which a business is located" does 
not include property incidental to the business, including but 
not limited to property along a roadway taken by a utility, the 
taking of which would not interfere with the business activities. 
Page l-LR2642(2) 
COMMITTEE AMENDMENT 
.. 
f':oo 
~. 
COMMITTEE AMENDMENT .. A .. to H.P. 1345, L.D. 1904 
3. 
Aaplication exceptions. 
This section does not apply to 
takings to eliminate threats to public safety. such as removing 
public nuisapces or removing structures that are beyond repair or 
that are unfit for human habitation or use. or acguisition of 
abandoned property. 
4. 
Utilities exception. 
This sectiop does not limit the 
exercise of eminent domain by or for the benefit of public 
utilities 
or 
other 
entities 
engaged 
in 
the 
generation. 
trapsmission or distributiop of telephone, gas, electric, water, 
sewer or other utility products or services. 
5. 
E:z;pedited de novo review. 
When the State. a political 
subdivision of the State or any other entity with eminent domain 
authority begins eminent domain proceedings against property on 
which a busipess is located. the State. the business owner or the 
owner of the property on which the business is located may seek 
de 
novo 
review in Superior 
Court to 
determine 
whether 
the 
proposed taking is necessary to carry out the stated public 
purpose for 
which the property is being taken. 
whether 
the 
property takep is the minimum amount necessary and whether the 
property 
to 
be 
takep 
is 
incidental 
to 
the 
business. 
In 
determiping 
necessity 
the 
court 
shall 
balance 
the 
need 
to 
accomplish the public purpose with the presumption "that the 
preservation of jobs and businesses in this State is a 
high 
priority of 
the 
State. 
The 
Superior 
Court 
shall. promptly 
schedule an expedited hearing on the complaipt. 
Sec. 2. 
Application. 
Notwithstanding 
the 
Maine 
Revised 
Statutes, 
Title 1, 
section 
302, 
this 
Act 
applies 
to 
every 
exercise of eminent domain authority in which the terms of the 
taking, 
including 
the 
determination 
of 
the 
amount 
of 
the 
compensation, 
have 
not 
been 
finally 
determined 
as 
of 
the 
effective date of this Act. 
Sec. 
3. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
7RAHSPORTATION, DEPAJr.J:MENT OF 
Highway and Bridge Improvement 
0406 
The 
following 
Initiative: 
Allocates 
funds 
for 
one 
additional 
Attorney 
position, 
1/2 
of 
an 
Engineer 
position 
and 
operating 
funds 
necessary to accommodate certain eminent domain proceedings that 
have been challenged through the use of an expedited de novo 
review process. 
COMMITTEE AMENDMENT 
.,. 
~~ 
~ - i. .• 
COMMITTEE AMENDMENT -I}" to H.P. 1345, L.D. 1904 
HIGlDfAY FUND 
POSITIONS -
LEGISLATIVE COUNT 
Personal Services 
All Other 
HIGHWAY FUND TOTAL 
SUMMARY 
2005-06 
0.000 
$0 
$0 
$0 
2006-07 
1. 500 
$144,978 
$210,000 
$354,978' 
This amendment is the minority report of the Joint Standing 
Committee on judiciary. 
This amendment replaces the bill and removes the emergency 
preamble and emergency clause. 
This amendment provides that eminent domain authority may 
not be exercised to take property on which a business is located 
unless the taking is necessary to carry out the purposes for 
which the property is being taken and unless the amount taken is 
limited to the minimum amount necessary to carry out the public 
purpose and is limited so as to maximize the ability of the 
business to continue. 
Property that is incidental to the business's activities is 
not included in property on which the business is located. 
This amendment does not apply to takings that eliminate a 
threat to public health or safety. 
It also does not apply to 
takings of abandoned property. 
This amendment does not limit the 
exercise of eminent domain by or for the benefit of public 
utilities 
or 
other 
entities 
engaged 
in 
the 
generation, 
transmission or distribution of telephone, gas, electric, water, 
sewer or other utility products or services. 
This amendment provides for an expedited de novo review of 
the necessity of the taking for the stated public purpose, of the 
determination that the amount of property taken is the minimum 
amount necessary 
and of the determination whether the property 
taken is incidental to the business. 
The Superior Court must 
balance the need to accomplish the stated public purpose with the 
preservation of jobs and businesses in this State. 
This amendment provides that the changes apply to pending 
eminent 
domain 
takings, 
notwi thstanding 
the 
Maine 
Revi sed 
Statutes, Title 1, section 302. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A .. to H.P. 1345, L.D. 1904 
This 
amendment 
adds 
an 
appropriations 
and 
allocations 
section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 04/13/06 ~ae 
LD 1904 
LR2642(02) 
An Act To Protect Businesses from Unnecessary Eminent Domain Takings 
Fiscal Note for Bill as Amended by Committee Amendment ,fl., 
Committee: Judiciary 
Net Cost (Savings) 
Highway Fund 
Appropriations/Allocations 
Highway Fund 
Correctional and Judicial Impact Statements 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
2005-06 
$0 
$0 
This bill may increase the number of civil suits filed in the court system. 
2006-07 
$354,978 
$354,978 
Projections 
2007-08 
$382,760 
$382,760 
The collection of additional filing fees may increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Projections 
2008-09 
$390,707 
$390,707 
Allowing an expedited de novo review of proposed eminent domain proceedings will result in significant additional 
Highway Fund expenses for the Department of Transportation. Based on the current level of approximately 1,000 
eminent domain proceedings that the department is engaged in on an annual basis, the department estimates that 10 of 
these actions would be challenged through the expedited de novo review process. To deal with the additional time 
needed to process these cases, the department will need one additional Attorney position and one-half of an Engineer 
position at a cost of $154,978 in fiscal year 2006-07. In addition, beginning in fiscal year 2006-07, due to inflationary 
costs, the delay of 10 associated highway improvement projects will add an estimated $200,000 in annual Highway 
Fund costs. 
LR2642(2) - Fiscal Note - Page 1 of 1