An Act To Base the Value of Eminent Domain Takings on Going Concern Value
Maine Legislature, Session 124, LD 1207
Committee Amendment CA_A_H361 (House)

COMMITTEE AMENDMENT"~ "to H.P. 832, L.D. 1207, Bill, "An Act To Base 
the Value of Eminent Domain Takings on Going Concern Value" 
Amend the bill by inserting after section 5 the following: 
'Sec. 6. Appropriations and allocations. The following appropriations and 
allocations are made. 
. 
EXECUTJVE DEPARTMENT 
Administration - Executive - Governor's Office 0165 
Initiative: Provides funds to contract for business damage ombudsman services. 
GENERAL FUND 
. 
All Other 
GENERAL FUND TOTAL 
EXECUTIVE DEPARTMENT· 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
2009-10 
$138,113 
$138,113 
2009-10 
$138,113 
$138,113 
2010-11 
$184,150 
$184,150 
2010-11 
$184,150 
$184,150 
TRANSPORTATION, DEPARTMENT OF 
Highway and Bridge Capital 0406 
Initiative: Provides funding for legal fees, consultant costs, appraisals, training and 
supplies to determine compensation for loss or impairment of the going concern value of 
a business. 
COMMITTEE AMENDMENT 
~.~. 
COMMITIEE AMENDMENT" A" to H.P. 832, L.D. 1207 
ffiGHWAYFUND 
All Other 
HIGHWAY FUND TOTAL 
Highway and Bridge Capital 0406 
2009-10 
$627,200 
$627,200 
2010-11 
$540,500 
$540,500 
Initiative: Provides funding for Capital Expenditures for loss or impairment of going 
concern value of a business when the property is taken by eminent domain. 
HIGHWAY FUND 
Capital Expenditures 
HIGHWAY FUND TOTAL 
TRANSPORTATION, DEPARTMENT OF 
DEPARTMENT TOTALS 
HIGHW AY FUND 
DEPARTMENT TOTAL - ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
mGHWAY FUND 
SECTION TOTAL - ALL FUNDS 
SUMMARY 
2009-10 
$300,000 
$300,000 
2009-10 
$927,200 
$927,200 
2009-10 
$138,113 
$927,200 
$1,065,313 
2010-11 
$300,000 
$300,000 
2010-11 
$840,500 
$840,500 
2010-11 
$184,150 
$840,500 
$1,024,650 
This amendment is the majority report. The amendment adds an appropriations and 
allocations section to the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 05/11/09 Mac:.. 
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LD 1207 
LR 1468(02) 
An Act To Base the Value of Eminent Domain Takings on Going Concern Value 
Fiscal Note for Bill as Amen~ed by C~~mittee Amendment "A" 
Committee: Judiciary 
. 
Net Cost (Savings) 
General Fund 
Highway Fund 
Appropriations/Allocations 
General Fund 
Highway Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
$138,113 
$927,200 
$138,113 
$927,200 
2010-11 
$184,150 
$840,500 
$184,150 
$840,500 
Projections 
2011-12 
$184,150 
$840,500 
$184,150 
$840,500 
Projections 
2012-l3 
$184,150 
$840,500 
$184,150 
$840,500 
This legislation establishes criteria for determination of compensation for loss or impairment of the going concern 
value of a business when the property is taken by the Department of Transportation by eminent domain. This bill 
includes a Highway Fund allocation of $927,200 in fiscal year 2009-10 and $840,500 in fiscal year 2010-11 for the 
Department of Transportation. This amount includes expected increased legal fees due to this legislation, appraisal 
costs, consultant costs and training. It also includes an estimated Capital Expenditures funding allocation of $300,000 
per year for compensation of loss or impairment to businesses. This estimate is based upon 10.7% of total acquisition 
cost. This bill also includes a General Fund appropriation of$138,113 in fiscal year 2009-10 and $184,150 in fiscal 
year 2010-11 for the Executive Department to contract for business damage ombudsman services. 
LR1468(02) - Fiscal Note - Page 1 of 1