Maine Legislature, Session 122, LD 1113
Committee Amendment CA_A_H251 (House)

COMMITTEE AMENDMENT "~,, to H.P. 766, L.D. 1113, Bill, 
Act To Create the Fryeburg Water District" 
"An 
Amend the bill by inserting after the title and before the 
enacting clause the following: 
. Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after- adjournment unless enacted 
as emergencies; and 
Whereas, the health, safety and convenience of the customers 
of the Fryeburg Water Company require adequate and affordable 
water service and immediately creating authority to establish 
through a referendum vote the Fryeburg Water District may be the 
means of ensuring such service: 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,' 
Further amend the bill in section 1 in the blocked paragraph 
in the 10th and 11th lines (page 1, lines 18 and 19 in L.D.) by 
striking out the following: 
"to Route 113; thence east along 
Route 113" 
Further amend the bi11 in section 3 in the first paragraph 
in the 5th line (page 1, line 34 in L.D.) by inserting after the 
following: "district" the following: 
• to the extent permitted 
under and in accordance with applicable laws and rules' 
Page l-LR0897(2) 
COMMITTEE AMENDMENT 
() ~,%. 
\,.> 
COMMITTEE AMENDMENT "A" to H. P. 766, L. D. 1113 
Further amend the bill in section 3 in the 2nd paragraph in 
the 2nd line (page 1, line 37 in L.D.) by striking out the 
following: "department" and inserting in its place the following: 
'the requirements of applicable laws and' 
Further amend the bill by striking out all of sections 8 and 
and inserting in their place the following: 
'Sec. 8. District' authorized to acquire property and franchises of 
Fryeburg Water Company. 
The district, through its trustees, may 
acquire by purchase the Fryeburg Water Company and the entire 
plant, properties, franchises, rights and privileges owned by the 
Fryeburg Water Company, located within the district, including 
all lands, waters, water rights, reservoirs, pipes, machinery, 
fixtures, hydrants and tools and all apparatus and appliances 
used or usable in supplying water in the area of the district. 
The district may acquire by the exercise of the right of eminent 
domain, 
a 
right expressly delegated to the district for that 
purpose, 
the 
Fryeburg 
Water 
Company 
and 
the 
entire plant, 
properties, franchises, rights and privileges, except cash assets 
and accounts receivable, owned by the Fryeburg Water Company, 
including all 
lands, 
waters, 
water 
rights, 
dam 
structures, 
reservoirs, pipes, machinery, fixtures, hydrants and tools and 
all apparatus and appliances used or usable in supplying water in 
the area of the district. Except as otherwise expressly provided 
in this section and in furtherance of the acquisition of the 
Fryeburg Water Company pursuant to this section, the district may 
also acquire by the exercise of the right of eminent domain any 
tangible or 
intangible personal property that represents 
or 
constitutes an ownership interest in the 
company by another 
person or entity. 
In exercising the right of eminent domain under this Act, 
the trustees shall file with the town clerk a condemnation order 
that includes a detailed description of the property interest to 
be taken, the name or names of the owner or owners of record as 
far as they can be reasonably determined and the amount of 
damages determined by the trustees to be just compensation for 
the property or interest in the property taken. The trustees 
shall then serve upon the owner or owners of record a copy of the 
condemnation order and a 
check in the amount of the damages 
awarded and record a certified copy of the condemnation order in 
the Oxford County Registry of Deeds. In the event of multiple 
ownership, the check may be served on anyone of the owners. This 
title passes to the district upon service of the condemnation 
COMMITTEE AMENDMENT 
,i,S· 
';\. " .. 
COMMITTEE AMENDMENT 'A" to H.P. 766, L.D. 1113 
order and check or upon recordation in accordance with this 
section, whichever occurs first. Acceptance and negotiation of 
the check do not bar an appeal under this section. 
Any person aggrieved by the determination of the damages 
awarded to owners of property or interests in the property under 
this 
section 
may, 
within 
days 
after 
service 
of 
the 
condemnation order and check, appeal to the Superior Court of 
Oxford County. The court shall determine damages by a verdict of 
its jury or, if all parties agree, by the court without a jury or 
by a referee or referees and shall render judgment for just 
compensation, with interest when such is due, and for costs in 
favor of the party entitled to the costs. 
Appeal 
from 
the 
decision of the Superior Court may be made to the Law Court, as 
in other civil actions. 
The sale and transfer by the Fryeburg Water Company to the 
district of its plants, properties, assets, franchises, rights 
and privileges; 
the 
assumption 
by 
the district of all 
the 
outstanding debts, obligations and liabilities of the district 
pursuant to this section; and the subsequent use of the plants, 
properties, assets, 
franchises, 
rights 
and privileges by the 
district within the limits of the district are subject to the 
approval of the Public Utilities Commission as may be required by 
the Maine Revised Statutes, Title 35-A.' 
Further amend the bill by striking out all of section 11 and 
inserting in its place the following: 
'Sec. 11. Referendum; effective date. 
This Act takes effect 
when approved only for the purpose of permitting its submission 
to the legal voters within the territory described in section 1 
at an election called for that purpose and held within 3 years of 
the effective date of this Act. 
The election must be called, 
advertised 
and 
conducted 
according 
to 
the 
law 
relating 
to 
municipal elections, except that the registrar of voters is not 
required to prepare or the clerk to post a new list of voters. 
For the purpose of registration of voters, 
the registrar of 
voters 
must 
be 
in 
session 
the 
secular 
day 
preceding 
the 
election. 
The subject matter of this Act is reduced to the 
following question: 
"Do 
you favor creating the Fryeburg Water District and 
permitting it to acquire the assets of the Fryeburg Water 
Company?" 
This Act takes effect for all purposes upon its acceptance 
by a majority of the legal voters of the district. 
Failure to 
achieve 
the 
necessary 
approval 
does 
not 
prevent 
subsequent 
referenda held within 3 years of the effective date of this Act. 
COMMITTEE AMENDMENT 
'l'" CO· 
7,,- \c~. 
COMMITTEE AMENDMENT 'A" to H.P. 766, L.D. 1113 
The results must be declared by the municipal officers of 
the Town of Fryeburg and due certificate of the results must be 
filed by the town clerk with the Secretary of State.' 
Further amend the bill by inserting at the end before the 
summary the following: 
'Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved.' 
Further amend the bill by relettering or renumbering any 
nonconsecutive 
Part 
letter 
or 
section 
number 
to 
read 
consecutively. 
SUMMARY 
This amendment makes the following changes to the bill. It: 
1. 
Modifies 
the 
d~scription of 
the 
proposed Fryeburg Water District to 
ensure 
extends beyond the borders of this State; 
territory 
that 
no 
of 
the 
portion 
2. 
Clarifies the authority of the district to arrange for 
continued service to customers of the Fryeburg Water Company 
located outside the territory of the district; 
3. 
Clarifies the authority of the district to sell water to 
bulk water exporters; 
4. 
Provides that the district may take by eminent domain 
the property and franchise of the Fryeburg Water Company located 
within the territory of the district and removes an unneeded 
eminent domain provision that appeared in the bill; 
5. 
Clarifies the referendum provision of 
provides for 
one unified referendum question 
separate referendum questions; and 
the bill and 
rather than 
6. 
Adds an emergency preamble and an emergency clause to 
the bill. 
COMMITTEE AMENDMENT