An Act to Provide Just Compensation in Cases of Taking by
Maine Legislature, Session 132, LD 1675
Committee: Energy, Utilities and Technology
Sponsors: FLYNN
Amends: 35-A MRSA §3136

Legislative Document
No. 1675
H.P. 1110
House of Representatives, April 17, 2025
An Act to Provide Just Compensation in Cases of Taking by 
Eminent Domain by Transmission and Distribution Utilities
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative FLYNN of Albion.
Cosponsored by Representatives: COLLINS of Sidney, FOSTER of Dexter, MCINTYRE of 
Lowell, MORRIS of Turner, RUDNICKI of Fairfield, SHAGOURY of Hallowell.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §3136, sub-§1, as amended by PL 2023, c. 644, §3, is further 
amended to read:
1.  Land necessary for location of transmission lines carrying 5,000 volts.  Subject 
to approval by the commission under subsection 4 and the requirements of subsection 6 
6-A, if applicable, a transmission and distribution utility may take and hold by right of 
eminent domain lands and easements necessary for the proper location of its transmission 
lines that are designed to carry voltages of 5,000 volts or more and of necessary 
appurtenances, located within the territory in which the utility is authorized to do public 
utility business, in the same manner and under the same conditions as set forth in chapter 
65. Notwithstanding section 6501, subsection 1 and section 6507, subsection 4, owners are 
entitled to damages for all property taken by eminent domain in accordance with subsection 
6-A.
Sec. 2.  35-A MRSA §3136, sub-§5, as enacted by PL 2023, c. 644, §5, is repealed.
Sec. 3.  35-A MRSA §3136, sub-§6, as enacted by PL 2023, c. 644, §6, is repealed.
Sec. 4.  35-A MRSA §3136, sub-§6-A is enacted to read:
6-A.  Owner entitled to damages.  The owner of a property taken by eminent domain 
by a transmission and distribution utility for the construction, rebuilding or relocation of a 
transmission line is entitled to damages to be paid by the transmission and distribution 
utility in the form of an annual installment over the course of 20 years from the operation 
date of the transmission line. The transmission and distribution utility shall set aside 1% of 
the total revenue generated from the construction, rebuilding or relocation of a transmission 
line annually to be paid as damages to the owner of a property taken by eminent domain 
for the construction, rebuilding or relocation of that transmission line. The 1% of the 
revenue set aside for damages must be distributed to property owners based on the acres of 
property taken from that owner for the construction, rebuilding or relocation of the 
transmission line.
Sec. 5.  35-A MRSA §3136, sub-§8, as enacted by PL 2023, c. 644, §8, is repealed.
SUMMARY
This bill updates the laws regarding damages paid to owners of property taken by 
eminent domain by a transmission and distribution utility for the construction, rebuilding 
or relocation of a transmission line.  The bill requires a transmission and distribution utility 
to set aside 1% of the total revenue generated from the construction, rebuilding or 
relocation of a transmission line annually to be paid as damages to the owner of a property 
taken by eminent domain for the construction, rebuilding or relocation of that transmission 
line. The 1% of the revenue set aside for damages must be distributed to property owners 
based on the acres of property taken from that owner for the construction, rebuilding or 
relocation of the transmission line in the form of an annual installment over the course of 
years from the operation date of the transmission line.