An Act To Promote Fairness and Protect Economic Development in TranspOIiation Projects Undeliaken by the State
Maine Legislature, Session 124, LD 0767
Committee Amendment CA_A_S213 (Senate)

COMMITTEE AMENDMENT" A" to S.P. 294, L.D. 767, Bill, "An Act To 
Promote Fairness and Protect Economic Development in TranspOIiation Projects 
Undeliaken by the State" 
Amend the bill in section I by striking out all of § 153-C and inserting the following: 
'§153.;,C. Acquisition of property identified in transportation planning; new bypass' 
highway project 
1. 
Acquisition of property. 
If the Department of Transportation prepares an 
environmental impact statement as required by the federal National Environmental 
Protection Act of 1969 for permitting for the location of a new bypass highway project 
and property will be affected by the limits of the final bypass right-of-way and the 
property owner submits a request in writing to the department that the department acquire 
that portion of the owner's property determined necessmy for the new bypass highway 
project, the depmiment shall acquire the propeliy determined necessary if: 
A. 
The depaliment has received a least environmentally damaging practicable 
alternative determination from the United States Army Corps of Engineers that will 
be incorporated into the environmental impact statement for corridor alignment 
indicating that celiain propeliy will be necessmy for the purposes set fOlih in section 
153-8, subsection I; and 
B. The fair market value is determined in accordance with this subchapter. 
The request submitted by the propeliy owner under this sllbsection must be submitted to 
the depmiment within 9 months of the date that the department receives the least 
environmentally damaging practicable alternative determination from the United States 
Arniy Corps of Engineers under paragraph A. 
2. 
Deadline for acquisition; extension. 
The following provisions govern the 
deadline for acquisition of property by the Depmiment of Transpoliation pursuant to 
subsection I. 
Page I - J 24 LR] 828(02)-I 
COMMITTEE AMENDMENT 
~\. c~ $. 
COMMlTTEE AMENDMENT" A" to S.P. 294, L.D. 767 
A. 
The depaliment shall acquire affected properties pursuant to this subchapter 
within 2 years from the date of issuance of the least environmentally damaging 
practicable altel'llative determination from the United State Army Corps of Engineers 
under subsection 1, paragraph A. 
B. Notwithstanding paragraph A, ·if funding for the new bypass highway project is 
not available or if state or federal regulations preclude the department from acquiring. 
real property, the depaIiment may extend the time period for acquisition of affected 
propeliies up to 2 years. Any extension under this paragraph must be submitted no 
later than 90 days before the expiration of the 2 years under paragraph A to the joint 
standing committee of the Legislature having jurisdiction over transportation 'matters 
for its review and comment. 
3. Reservation of eminent domain powers. Nothing in this section affects or alters 
the rights of the Depaliment of Transportation to exercise its rights of eminent domain 
under this Title.' 
SUMMARY 
This amendment provides that if the DepaIiment of TranspOliation is preparing an 
environmental impact statement as required by the federal National Environmental 
Protection Act of 1969 for permitting for the location of a new bypass highway project, 
and propeliy will be affected by the limits of the final bypass right-of-way, and the 
propeliy owner submits a request in writing that the department acquire that pOliion of 
property determined necessary for the new bypass highway project, the depaliment is 
directed to acquire that propeliy if the following 2 conditions are met. 
First, the 
department must have received a least environmentally damaging practicable alternative 
determination from the United States Army Corps of Engineers that will be incorporated 
into the environmental impact statement for corridor alignment indicating that certain 
propeliy will be necessary. 
Secondly, the fair market value must be determined 
according to current law under the laws govel'lling the State Claims Commission. 
The amendment fUliher directs the department to acquire affected propeliies within 2 
years from the date of issuance of the least environmentally damaging practicable 
altel'llative determination from the United States Army Corps of Engineers. 
The 
amendment provides that if funding for the new bypass highway project is not available 
or if state or federal regulations preclude the department from acquiring real propeliy, the 
depaIiment .may extend the time period for acquisition of affected properties up to 2 
years. 
Any extension must be submitted to the joint standing committee of the 
Legislature having jurisdiction over transpOliation matters for its review and comment. 
FISCAL :-ion: H.E(lCIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: OS/24/09 ;::'b7ac:.. 
LD767 
LR 1828(02) 
An Act To Promote Fairness and Protect Economic Development in Transportation Projects 
Undertaken by the State 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ''A'' 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
Potential CUlTent biennium cost increase - Highway Fund 
This bill provides that if a property owner submits a request to the Department of Transportation to purchase their 
property which is affected by a new bypass highway project and a fair market value assessment has been completed 
and the Department has received a least environmentally damaging practicable altemative detennination, the 
Department must purchase the property. This bill could increase Highway Fund costs if such purchases are necessary. 
Any additional costs would be offset by reductions in other Highway Fund projects. 
LR1828(02) - Fiscal Note - Page 1 of 1