An Act To Protect Businesses from Unnecessary Eminent Domain Takings
Maine Legislature, Session 122, LD 1904
Committee: Judiciary
Sponsors: MERRILL, FLETCHER, JOY, LINDELL, MAKAS, STRIMLING, TURNER, ASH, CARR, FAIRCLOTH, KAELIN, HOBBINS, ROSEN
Amends: 1 MRSA §816, 1 MRSA §817

Legislative Document 
No. 1904 
H.P.1345 
House of Representatives, January 4, 2006 
An Act To Protect Businesses from Unnecessary Eminent Domain 
Takings 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative MERRILL of Appleton. 
Il/~ 
7J7·771~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: FLETCHER of Winslow, JOY of Crystal, LINDELL of 
Frankfort, MAKAS of Lewiston, Senators: STRIMLING of Cumberland, TURNER of 
Cumberland and Representatives: ASH of Belfast, CARR of Lincoln, FAIRCLOTH of Bangor, 
KAELIN of Winterport, Senators: HOBBINS of York, ROSEN of Hancock. 
Printed on recycled paper 
"-
4.6 
Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, the recent United States Supreme Court decision 
makes it clear that state laws must protect the property rights 
of individuals and businesses; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 1 MRSA §816 is enacted to read: 
5816. 
Absolute necessity required 
Notwithstanding 
any 
law to 
the 
contrary, 
the State, 
a 
political subdivision of the State or any other entity with 
eminent domain power may not take private property unless the 
taking is an absolute necessity to carry out the public purpose 
for which the property is being taken. 
Sec. 2. 1 MRSA §817 is enacted to read: 
5817. 
Limitation on taking 
When the State. a political subdivision of the State or any 
~ther entity with eminent domain power takes private property on 
which a business is located, the property acquired must be 
th~ 
minimum amount necessary to carry out the public purpose and to 
maximize the ability of the business to continue. 
Sec. 3. 
Application. 
Notwithstanding 
the 
Maine 
Revised 
Statutes, 
Title 
1, 
section 
302, 
this 
Act 
applies 
to every 
exercise of eminent domain power in which the terms of the 
taking, 
including 
the 
determination 
of 
the 
amount 
of 
compensation, 
have 
not 
been 
finally 
determined 
as 
of 
the 
effective date of this Act. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill applies to all takings under the eminent domain 
authority of the State, any political subdivision or any other 
entity that has eminent domain power. 
It requires that the 
taking be an absolute necessity to carry out the public purpose 
that is the basis of the taking. 
This bill also requires the 
taking of property on which a business is located to be limited 
to the minimum amount necessary to carry out the public purpose, 
thus allowing the business to continue. 
This bill explicitly applies to takings that have not been 
completed as of its effective date. 
This bill takes effect when approved.