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132nd MAINE LEGISLATURE
FIRST SPECIAL SESSION-2025
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.
Page 1 - 132LR0510(01)
1Be it enacted by the People of the State of Maine as follows:
2Sec. 1. 35-A MRSA §3136, sub-§1, as amended by PL 2023, c. 644, §3, is further
3 amended to read:
41. Land necessary for location of transmission lines carrying 5,000 volts. Subject
5 to approval by the commission under subsection 4 and the requirements of subsection 6
6 6-A, if applicable, a transmission and distribution utility may take and hold by right of
7 eminent domain lands and easements necessary for the proper location of its transmission
8 lines that are designed to carry voltages of 5,000 volts or more and of necessary
9 appurtenances, located within the territory in which the utility is authorized to do public
10 utility business, in the same manner and under the same conditions as set forth in chapter
11 65. Notwithstanding section 6501, subsection 1 and section 6507, subsection 4, owners are
12 entitled to damages for all property taken by eminent domain in accordance with subsection
13 5 6-A.
14Sec. 2. 35-A MRSA §3136, sub-§5, as enacted by PL 2023, c. 644, §5, is repealed.
15Sec. 3. 35-A MRSA §3136, sub-§6, as enacted by PL 2023, c. 644, §6, is repealed.
16Sec. 4. 35-A MRSA §3136, sub-§6-A is enacted to read:
176-A. Owner entitled to damages. The owner of a property taken by eminent domain
18 by a transmission and distribution utility for the construction, rebuilding or relocation of a
19 transmission line is entitled to damages to be paid by the transmission and distribution
20 utility in the form of an annual installment over the course of 20 years from the operation
21 date of the transmission line. The transmission and distribution utility shall set aside 1% of
22 the total revenue generated from the construction, rebuilding or relocation of a transmission
23 line annually to be paid as damages to the owner of a property taken by eminent domain
24 for the construction, rebuilding or relocation of that transmission line. The 1% of the
25 revenue set aside for damages must be distributed to property owners based on the acres of
26 property taken from that owner for the construction, rebuilding or relocation of the
27 transmission line.
28Sec. 5. 35-A MRSA §3136, sub-§8, as enacted by PL 2023, c. 644, §8, is repealed.
29SUMMARY
30 This bill updates the laws regarding damages paid to owners of property taken by
31 eminent domain by a transmission and distribution utility for the construction, rebuilding
32 or relocation of a transmission line. The bill requires a transmission and distribution utility
33 to set aside 1% of the total revenue generated from the construction, rebuilding or
34 relocation of a transmission line annually to be paid as damages to the owner of a property
35 taken by eminent domain for the construction, rebuilding or relocation of that transmission
36 line. The 1% of the revenue set aside for damages must be distributed to property owners
37 based on the acres of property taken from that owner for the construction, rebuilding or
38 relocation of the transmission line in the form of an annual installment over the course of
39 20 years from the operation date of the transmission line.
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