An Act To Strengthen Landowner Rights in Certain Eminent Domain Situations .
Maine Legislature, Session 124, LD 0615
Committee: Judiciary
Sponsors: MARRACHE, HILL, BLISS, CRAVEN, SIMPSON, ADAMS, BRYANT, FLETCHER, ROTUNDO, WAGNER

Legislative Document 
No. 615 
S.P.230 
In Senate, February 17,2009 
An Act To Strengthen Landowner Rights in Certain Eminent 
Domain Situations 
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(EMERGENCY) 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Senator MARRACHE of Ke~ebec. 
Cosponsored by Representative HILL of York and 
9tf)fY~ 
JOY 1. O'BRIEN 
Secretary of the Senate 
Senators: BLISS of Cumberland, CRAVEN of Androscoggin, SIMPSON of Androscoggin, 
Representatives: ADAMS of Portland, BRYANT of Windham, FLETCHER of Winslow, 
ROTUNDO of Lewiston, WAGNER of Lewiston. 
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Printed ,on recycled paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, there are many utility proposals pending that may involve the taking of 
landowner-property arid the procedures governing those takings need to b-e modified to 
adequately protect the interests of those property owners; and 
W_hereas, 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 
immdiately necessary-for the preservation of the public peace, health al10 safety; now, 
therefore, 
lOBe it enacted by the People ofthe "State of Maine as ,follows : 
Sec. 1. 35-A MRS A §6503, sub-§l-A is enacted t~ read: 
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I-A. Mediation. 
Notwithstanding any other provision of law, if the owner of 
property taken by eminent domain displites the amount of damages offered by the taker, 
the .owner may choose to have a qualified independent appraiser approved-by the owner 
determine the amount of damages. The taker must pay all costs of the appraiser. The 
appraiser, in determining the amount of damages, must include the effect of the taking on 
the vahle of surroUI10ing property of the owner that is not taken. If the owner agrees to 
the amount determined by the appraiser, the taker shall pay that amount and may not 
contest the amount under subsection 2 or any other provision of this chapter. If the owner 
does not wish to proceed under this subsection or does not agree to the amount 
determined by the appraiser pursuant to this subsection, the owner may apply to the 
county commissioners under subsection 2. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
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SUMMARY 
This bill modifies the law governing the exercise of eminent domain by public 
utilities. Under current law, an owner can apply to the county commissioners to settle the 
amount of damages paid by the utility to the owner; Under this bill, the owner is 
provided the option of having an independent appraiser, approved by the owner and paid 
for by the utility, establish the amount of damages. The amount determined under this 
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process is required to include the effect of the taking on the value of surrounding land of 
the owner not taken by the utility. 
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