Maine Legislature, Session 126, LD 0058
Committee: Judiciary
Sponsors: THOMAS, DAVIS, HAMPER, SHERMAN, CROCKETT, GIFFORD, STANLEY

Legislative Document 
No. 58 
S.P. 25 
In Senate, January 17, 2013 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Restrict the Use of Eminent Domain 
Reference to the Committee on Judiciary suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator THOMAS of Somerset. 
Cosponsored by Representative DAVIS of Sangerville and 
Senators: HAMPER of Oxford, SHERMAN of Aroostook, Representatives: CROCKETT of 
Bethel, GIFFORD of Lincoln, STANLEY of Medway. 
Constitutional amendment. Resolved:  Two thirds of each branch of the 
Legislature concurring, that the following amendment to the Constitution of Maine be 
proposed: 
Constitution, Art. I, §21 is amended to read: 
Section 21.  Private property, when to be taken.  Private property shall may 
not be taken for public uses without just compensation; nor unless the public exigencies 
require it.  Property acquired under this section may not be transferred to a person, 
nongovernmental entity, public-private partnership, corporation or other business entity 
except as provided in this section.  If the property has not been used for the purposes for 
which it was acquired under this section within 5 years after its acquisition, the property 
may not be put to another use or transferred without first offering to the owner from 
whom the property was acquired or the heirs of the owner the property at current fair 
market value or the amount of just compensation that was provided to the owner, 
whichever is lower. 
; and be it further 
Constitutional referendum procedure; form of question; effective date. 
Resolved:  That the municipal officers of this State shall notify the inhabitants of their 
respective cities, towns and plantations to meet, in the manner prescribed by law for 
holding a statewide election, at a statewide election held in the month of November 
following the passage of this resolution, to vote upon the ratification of the amendment 
proposed in this resolution by voting upon the following question: 
"Do you favor amending the Constitution of Maine to limit the transfer of 
property acquired by eminent domain power and to require that an 
opportunity be provided for the original owner to repurchase the property 
if it is not used for the purpose for which it was acquired?" 
The legal voters of each city, town and plantation shall vote by ballot on this question 
and designate their choice by a cross or check mark placed within the corresponding 
square below the word "Yes" or "No."  The ballots must be received, sorted, counted and 
declared in open ward, town and plantation meetings and returns made to the Secretary of 
State in the same manner as votes for members of the Legislature.  The Governor shall 
review the returns.  If it appears that a majority of the legal votes are cast in favor of the 
amendment, the Governor shall proclaim that fact without delay and the amendment 
becomes part of the Constitution of Maine on the date of the proclamation; and be it 
further 
Secretary of State shall prepare ballots. Resolved: That the Secretary of State 
shall prepare and furnish to each city, town and plantation all ballots, returns and copies 
of this resolution necessary to carry out the purposes of this referendum. 
SUMMARY 
This resolution proposes to amend the Constitution of Maine in the current 
constitutional provision that regulates the acquisition of property through the use of the 
power of eminent domain.  It provides that the property acquired may not be transferred 
to a person, nongovernmental entity, public-private partnership, corporation or other 
business entity except that, if the property is not used for the purposes for which it was 
acquired within 5 years of acquisition, before it may be transferred it must be offered to 
the owner or the heirs of the owner from whom the property was acquired at the fair 
market price or the amount of just compensation that had been provided to the owner, 
whichever is lower.