Resolve, To Establish a Study Commission To Examine the Issue of Eminent Domain
Maine Legislature, Session 124, LD 0981
Committee: Judiciary
Sponsors: DAVIS, TUTTLE, GERZOFSKY, HANLEY, HASKELL, LAJOIE, MAGNAN, ROSEN, SYKES, WHEELER

Legislative Document 
No. 981 
S.P. 
In Senate, March 12, 2009 
Resolve, To Establish a Study Commission To Examine the Issue of 
Eminent Domain 
(EMERGENCY) 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Senator DAVIS of Cumberland. 
Cosponsored by Representative TUTTLE of Sanford and 
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JOY J. O'BRIEN 
Secretary of the Senate 
Senator: GERZOFSKY of Cumberland, Representatives: HANLEY of Gardiner, HASKELL of 
Portland, LAJOIE of Lewiston, MAGNAN of Stockton Springs, ROSEN of Bucksport, 
SYKES of Harrison, WHEELER of Kittery. 
Printed on recycled paper 
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Emergency preamble. Whereas, acts and resolves of the Legislature do not 
'become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the Study Commission To Examine the Issue of Eminent Domain must 
report its findings by December 2,2009; and 
Whereas, the study must be initiated before the 90-day period expires in order that 
the study may be completed and a report submitted in time for submission to the next 
legislative session; 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 
Sec. 1. Commission established!. Resolved!: That the Study Commission To 
Examine the Issue of Eminent Domain, referred to in this resolve as "the commission," is 
established; and be it further 
Sec. 2. Commission membership. Resolved!: That the commission consists of 
members appointed as follows: 
1. Two members of the Senate appointed by the President of the Senate; 
2. Four members of the House of Representatives appointed by the Speaker of the 
House; and 
3. One member who is a town official and one member who is a resident of the State, 
both appointed by the Governor; and be it further 
Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate 
chair and the first-named House of Representatives member is the House chair of the 
commission; and be it further 
Sec. 4. 
Appointments; convening of commISSIOn. 
Resolved: 
That all 
appointments must be made no later than 30 days following the effective date of this 
resolve. The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed. Within 15 days after appointment 
of all members, the chairs shall call and convene the first meeting of the commission, 
which must be no later than August 1, 2009; and be it further 
Sec. 5. Duties. Resolved: 
That the COmmISSIOn shall examine the right of 
government to take private property for the public good, commonly known as eminent 
domain, including when it is proper to use eminent domain powers; and be it further 
Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide 
necessary staffing services to the commission; and be it further 
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Sec. 7. Report. Resolved: That, no later than December 2,2009, the commission 
shall submit a report that includes its findings and recommendations, including suggested 
legislation, for presentation to the Second Regular Session of the 124th Legislature. The 
Joint Standing Committee on Judiciary is authorized to introduce a bill related to the 
subject matter of the report to the Second Regular Session of the 124th Legislature upon 
receipt of the report. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve establishes a study commission to examine the issue of eminent domain 
and to ascertain when it is proper to use eminent domain. The commission must submit a 
report and suggested legislation to the Joint Standing Committee on the Judiciary, which 
has authority to submit legislation to the Second Regular Session of the 124th 
Legislature.