An Act To Establish a Process for the Determination of a Reasonable Price in the Use of Eminent Domain by the Maine Turnpike Authority
Maine Legislature, Session 124, LD 0386
Committee: Judiciary
Sponsors: BOWMAN, CLEARY, WEAVER, WRIGHT, BARTLETT

Legislative Document 
No. 386 
H.P.293 
House of Representatives, February 5, 2009 
An Act To Establish a Process for the Determination of a 
Reasonable Price in the Use of Eminent Domain by the Maine 
Turnpike Authority 
Reference to the Committee on Judiciary suggested and ordered printed. 
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MILLICENT M: MacFARLAND 
Clerk 
Presented by Representati ve HILL of York. 
Cosponsored by Senator BOWMAN of York and 
Representatives: CLEARY,ofHoulton, WEAVER of York, WRIGHT of Berwick, Senator: 
BARTLETT of Cumberland. 
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Printed on recycled pllper 
Be it enacted by the People of the State of Maine as follows: 
. Sec. 1. 23 MlRSA §1967, sub-§2, as enacted by PL 1981, c. 595, §3, is amended 
to read: 
2. Use of eminent domain. Whenever a reasonable price cannot be agreed upon for 
the purchase or lease of real property found necessary for the purposes of the authority or 
whenever the owner is legally incapacitated or is absent or is unable to convey valid title 
or is. unlm!Jwn, the authority may acquire by eminent domain any such real property 
whether wholly or partly constructed or interest or interests therein and any land, rights, 
easements, franchises and other property deemed necessary or convenient for the 
construction or reconstruction or the efficient operation of the turnpike, its connecting 
tunnels, or bridges, overpasses, underpasses or interchanges, or both, in the manner 
provided by chapter 3, subchapter Ill. Title to any property taken by eminent domain 
shall be in the name of the authority.3, except that compensation must be determined 
according to the fair market value of the property or interests taken valued at the highest 
of: 
A.. The average fair market value of the property or interests over the previous 5 
years; 
B. The average fair market value of the property or interests over the previous 10 
years; and 
C. The average fair market· value of the property or interests over the previous 
number of years equal to the number of years between the previous 2 municipal 
property valuations for property tax purposes. 
Title to any property taken by eminent domain must be in the name of the authority. The 
authority may not acquire by eminent domain any property or interests unless the 
authority publicly documents that no other site or design is consistent with public 
convenience and necessity. The cost of a site or design may not be considered a factor 
when determining whether the site or design is consistent with public convenience and 
necessity. 
SUMMAlRY 
This bill requires that, when taking property by eminent domain, the Maine Turnpike 
Authority determine the fair market value of property or interests to be one of the 
following, whichever yields the highest value: 
1. The average fair market value of the property or interests over the previous 5 
years; 
2. The average fair market value of the property or interests over the previous 10 
years; or 
3. The average fair market value of the property or interests over the previous 
number of years equal to the number of years between the previous 2 municipal property 
valuations for property tax purposes. 
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The bill also provides that the Maine Turnpike Authority may not acquire by eminent 
domain any property or interests unless the authority publicly documents that no other 
site or design is consistent with public convenience and necessity. The bill also provides 
that the Maine Turnpike Authority may not use the cost of a site or design as a factor 
when determining whether a site or design is consistent with public convenience and 
necessity.