An Act To Base Value in Eminent Domain Takings of Businesses on Going Concern Value
Maine Legislature, Session 123, LD 0960
Committee Amendment CA_A_H434 (House)
Committee: Judiciary

COMMITTEE AMENDMENT" /I" to H.P. 720, L.D. 960, Bill, "An Act To Base 
Value in Eminent Domain Takings of Businesses on Going Concern Value" 
Amend the bill by inserting before the enacting clause the following: 
'Mandate preamble. This measure requires one or more local units of government 
to expand or modify activities so as to necessitate additional expenditures from local 
revenues but does not provide funding for at least 90% of those expenditures. Pursuant to 
the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to 
each House have detennined it necessary to enact this measure.' 
Amend the bill by inserting after section 4 the following: 
'Sec. 5. Application. This Act applies to a taking of property or any interest in 
property that displaces a business as defined in the Maine Revised Statutes, Title 23, 
section 242, subsection 2 for which a notice of condemnation as required by Title 23, 
section 154 is filed on or after January 1, 2008. 
Sec. 6. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
TRANSPORTATION, DEPARTMENT OF 
Highway and Bridge Improvement 0406 
Initiative: Allocates funds for the increased costs of eminent domain proceedings. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A .. to H.P. 720, L.D. 960 
HIGHWAY FUND 
All Other 
HIGHW A Y FUND TOTAL 
SUMMARY 
2007-08 
$475,000 
$475,000 
2008-09 
$910,000 
$910,000 
This amendment is the majority report of the Joint Standing Committee on Judiciary. 
This amendment adds a mandate preamble. 
This amendment adds an appropriations and allocations section. 
This amendment adds an application section to provide that the bill applies to a 
taking of property that displaces a business for which a notice of condemnation is filed on 
or after January 1, 2008. A business is defined, in part, as any lawful activity, excepting a 
farm operation, conducted primarily for the purchase, sale, lease and rental of personal 
and real property and for the manufacture, processing or marketing of products, 
commodities or any other personal property. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05111/07 frac. 
LD960 
LR 799(02) 
An Act To Base Value in Eminent Domain Takings of Businesses on Going Concern Value 
Fiscal Note for Bill as Amended by Committee Amendment ,.;; " 
~et Cost (Savings) 
Highway Fund 
Appropriations/Allocations 
Highway Fund 
State Mandates 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Exempted 
2007-08 
$475,000 
$475,000 
2008-09 
$910,000 
$910,000 
Projections 
2009-10 
$910,000 
$910,000 
Required Activity 
Unit Affected 
The requirements that municipalities hire licensed appaisers in certain eminent 
Municipality 
domain proceedings and that appraisals encompass determination of the going 
concern value of a business would represent state mandates. Costs for damages 
could be high. Any related activities (letters, meetings, site visits, legal services, 
staff time, etc.) necessary to the accomplishment of the new criteria would be 
considered mandated activities as well, even if the costs of those activities are minor. 
Pursuant to inclusion of the mandate preamble, a two-thirds vote ofthe members 
elected to each House exempts the State from the constitutional requirement to fund 
90% ofthe additional costs. 
Fiscal Detail and Notes 
Projections 
2010-11 
$910,000 
$910,000 
Costs 
Significant 
This bill includes Highway Fund allocations of$475,000 and $910,000 in fiscal years 2007-08 and 2008-09, 
respectively, for the Department of Transportation to cover the costs of certain changes in the requirements of eminent 
domain proceedings. 
LR0799(02) - Fiscal Note - Page 1 of 1