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| | | An Act To Clarify Laws Governing Eminent Domain |
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| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 1 MRSA §816 is enacted to read: |
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| | | §816.__Limitations on eminent domain authority |
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| | | 1.__Purposes.__Except as provided in subsections 2 and 3 and | | notwithstanding any other provision of law, the State, a | | political subdivision of the State and any other entity with | | eminent domain authority may not condemn land used for | | agriculture, fishing or forestry or land improved with | | residential homes, commercial or industrial buildings or other | | structures: |
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| | | A.__For the purposes of private retail, office, commercial, | | industrial or residential development; |
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| | | B.__Primarily for the enhancement of tax revenue; or |
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| | | C.__For transfer to an individual or a for-profit business | | entity. |
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| | | 2.__Blight exception.__Subsection 1 does not apply to the use | | of eminent domain by any municipality, housing authority or other | | public entity based upon a finding of blight in an area covered | | by any redevelopment plan or urban renewal plan pursuant to Title | | 30-A, chapter 201, 203 or 205, but just compensation, in all | | cases, must continue to be made to the owner. |
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