An Act To Prohibit the Use of Eminent Domain in Certain Public-private Partnerships and To Prohibit the Use of Eminent Domain by a Private Business Entity in a Public-private Partnership
Maine Legislature, Session 127, LD 1168
Committee Amendment CA_A_S249 (Senate)
Amends: 23 MRSA §4251

COMMITTEE AMENDMENT" A " to S.P. 415, L.D. 1168, Bill, "An Act To 
Prohibit the Use of Eminent Domain in Certain Public-private Partnerships and To 
Prohibit the Use of Eminent Domain by a Private Business Entity in a Public-private 
Partnership" 
Amend the bill by striking out evelything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 23 MRSA §4251, sub-§3, as enacted by PL 2009, c. 648, Pt. A, § 1, is 
amended to read: 
3. Authorization. Notwithstanding any other provision of law, the depmiment is 
authorized to receive or solicit proposals to fonn a public-private partnership with respect 
to a transportation facility. 
Proposals must be reviewed in accordance with this 
sUbchapter. 
Upon approval of the Legislature as provided in this subchapter, the 
department may enter into an agreement. All proposals must comply with section 73. 
Sec. 2. 23 MRSA §4251, sub-§§7 and 9, as enacted by PL 2009, c. 648, Pt. A, 
§ 1, are amended to read: 
7. Exercise of powers. If the department exercises its power of eminent domain for 
the development and construction of a transportation facility pursuant to this subchapter 
and section 73, the department must retain ownership rights and interests taken. The 
department's power of eminent domain may not be conferred on a private entity. The 
State may provide maintenance, law enforcement and other services with respect to a 
transportation facility owned by a private entity when the agreement provides for 
reasonable reimbursement for such services. 
9. 
Legislative approval. 
If the department detennines that a pUblic-private 
partnership proposal and draft agreement meets the standards of this subchapter, the 
department shall submit to the Legislature a bill that authorizes the agreement. The bill 
must include a statement that the proposal meets the standards in subsection 4, a 
summary of the substance of the draft agreement and a description of the nature and 
amount of state investment, if any, including effects on programmed capital work. If 
COMMITTEE AMENDMENT 
". 
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COMMITTEE AMENDMENT" A" to S.P. 415, L.D. 1168 
legislative approval is granted, the department shall repmi to the joint standing committee 
of the Legislature having jurisdiction over transportation matters by February 1 st of each 
year as to the status of the project and any substantive changes to the pUblic-private 
partnership proposal.' 
SUMMARY 
This amendment replaces the bill. 
It amends the law governing public-private 
partnerships for transportation projects to clarify that all projects must comply with the 
Sensible Transportation Policy Act, to explicitly state that the Department of 
Transportation may not confer its power of eminent domain on a private entity and to 
require the Department of Transportation to report by February 1st of every year on the 
status of any projects and any substantive changes. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 06/09115 
.::Wac: 
LD 1168 
LR 373(02) 
An Act To Prohibit the Use of Eminent Domain in Certain PUblic-private Partnerships and To 
Prohibit the Use of Eminent Domain by a Private Business Entity in a Public-private Partnership 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment '~"(S-,.) LtD]) 
Committee: judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Highway Fund 
Additional costs to the Department of Transportation to provide the report can be absorbed within existing budgeted 
resources, 
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