Sec. 1. 35-A MRSA §§4710 and 4711 are enacted to read:

§4710. Eminent domain

If the commission determines that a taking by eminent domain is necessary under the conditions and procedures set out in sections 6701 to 6704 relative to condemnation by water districts, a gas utility that has complied with this chapter, and, in the case of a foreign corporation, with Title 13-A, chapter 12, may take and hold by right of eminent domain lands or rights in lands that are necessary to the safe, economical and efficient operation of a natural gas pipeline and to providing adequate service to the public under the same procedures and conditions as set forth in chapter 67.

Environmental factors to be considered for proper location of a natural gas pipeline are not subject to review by the commission when the location of the transmission line has received site location of development approval under Title 38, section 484.

Nothing in this section authorizes a corporation to take by eminent domain property or facilities of another public utility used or acquired for use in the performance of a public duty unless expressly authorized in this section or by an Act of the Legislature.

§4711. Exemption from eminent domain

1.__Owner's consent required.__A gas utility may not take without the owner's consent:

A.__Meeting houses;

B.__Dwelling houses; or

C.__Public or private burying grounds.

2.__Public lands.__A gas utility may not take by eminent domain lands or rights in:

A.__A public street or highway;

B.__A public park or reservation;

C.__Other public property; or

D.__The location of a railroad or public utility.