PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
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
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 1 MRSA §816, sub-§1, ¶¶B and C, as enacted by PL 2005, c. 579, §1 and affected by §2, are amended to read:
 
B. Primarily for the enhancement of tax revenue; or
 
C. For transfer to an individual or a for-profit business entity.; or
Sec. 2.  1 MRSA §816, sub-§1, ¶D  is enacted to read:
 
D.  For the development, operation, management, ownership, leasing or maintenance of a transportation facility proposed or authorized under Title 23, section 4251.
Sec. 3.  1 MRSA §816, sub-§5  is enacted to read:
 
5.  Private business entity in public-private partnership.     Notwithstanding any other provision of law, a private business entity may not use eminent domain when involved in a public-private partnership.
Sec. 4. 23 MRSA §4251, sub-§7, as enacted by PL 2009, c. 648, Pt. A, §1, is amended to read:
 
7. Exercise of powers.   If theThe department exercisesmay not exercise its power of eminent domain for the development and construction of a transportation facility pursuant to this subchapter, the department must retain ownership rights and interests taken. 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.
 
SUMMARY
This bill prohibits the use of the power of eminent domain for the development, operation, management, ownership, leasing or maintenance of a transportation facility as a public-private partnership project. It also prohibits the use of the power of eminent domain by a private business entity when the entity is involved in a public-private partnership.