Maine Legislature, Session 122, LD 1870
Committee Amendment CA_A_H945 (House)

AMENDMENT .. p 
. to H.P. 1310, L.D. 
Laws Govern~ng Eminent Domain" 
1870, Bill, "An 
Amend 
the bill by 
striking out all of 
section 
and 
inserting in its place the following: 
'Sec. I. I MRSA §816 is enacted to read: 
§816. 
Limitations on eminent domain authority 
1. 
Purposes. 
Except as provided in subsections 2 and 3 and 
notwithstanding 
any 
other 
prov~s~on of 
law, 
the 
State, 
a 
political subdivision of the State and 
any other entity with 
eminent 
domain 
authority 
may 
not 
condemn 
land 
used 
for 
agriculture, 
fishing 
or 
forestry 
or 
land 
improved 
with 
residential homes, 
commercial or industr ial buildings or other 
structures: 
A. 
For the purposes of private retail, office, commercial, 
industrial or residential development; 
B. 
Primarily for the enhancement of tax revenue; or 
C. 
For transfer to an individual or a for-profit business 
entity. 
Page l-LR2459(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
.. to H.P. 1310, L.D. 1870 
2. 
Blight exception. 
Subsection 1 does not apply to the 
use of eminent domain by any municipality, housing authority or 
other public entity based upon a 
finding of blight in an area 
covered by any redevelopment plan or urban renewal plan pursuant 
to Title 30-A, chapter 201, 203 or 205, but just compensation, in 
all cases, must continue to be made to the owner. 
3. 
Utilities exception. 
Subsection 1 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. 
4. 
Governmental purposes not affected. 
Nothing in this 
section may be interpreted to prohibit a municipal or county 
governing body from exercising the power of eminent domain for 
purposes not otherwise prohibited by subsection 1. 
Sec. 2. Retroactivity. 
This Act applies retroactively to June 
23, 2005.' 
SUMMARY 
This amendment makes the following changes to the bill. 
1. 
This amendment limits the new restrictions on the use of 
eminent domain authority to land used for agriculture, fishing or 
forestry or 
land 
improved with residential 
homes, 
commercial 
buildings or other structures. 
The restrictions, therefore, do 
not apply to vacant or open land that is not in use. 
2. 
This amendment revises the restriction on transferring 
property 
taken 
through 
eminent 
domain authority to prohibit 
transfers to individuals and to for-profit business entities. 
The 
bill 
prohibits 
transfers 
to 
nongovernmental 
entities, 
public-private 
partnerships 
and 
corporations 
as 
well. 
This 
amendment eliminates those as prohibited transferees to recognize 
that many entities that provide public benefits to the public, 
such as libraries and fire protection services, may be organized 
in these forms. 
3. 
This 
amendment 
restrictions to include 
programs. 
expands 
property 
the blight 
taken under 
exception to the 
housing authority 
4. 
This amendment revises the bill's provisions relating to 
governmental purposes that are not affected by the eminent domain 
restrictions. 
Instead of listing permitted purposes as proposed 
by the bill, this amendment provides that the new provisions do 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMeNT -tt .. to H.P. 1310, L,n, 1870 
not prohibit municipalities and counties from exercising eminent 
domain authority for 
any purposes other than private retail, 
office, commercial, industrial and residential development; tax 
revenue enhancement; and transfers to impermissible transferees. 
This amendment makes the changes take effect retroactively 
to the date the United States Supreme Court issued the Kelo v. 
City of New London opinion, which is June 23, 2005. 
COMMITTEE AMENDMENT