Cosponsored by Representative Davis of Sangerville and
Senators Hamper of Oxford, Sherman of Aroostook, Representatives Crockett of Bethel, Gifford of Lincoln, Stanley of Medway.
RESOLUTION, Proposing an Amendment to the Constitution of Maine To Restrict the Use of Eminent Domain
Constitutional amendment. Resolved: Two thirds of each branch of the Legislature concurring, that the following amendment to the Constitution of Maine be proposed:
Constitution, Art. I, §21 is amended to read:
The legal voters of each city, town and plantation shall vote by ballot on this question and designate their choice by a cross or check mark placed within the corresponding square below the word “Yes” or “No.” The ballots must be received, sorted, counted and declared in open ward, town and plantation meetings and returns made to the Secretary of State in the same manner as votes for members of the Legislature. The Governor shall review the returns. If it appears that a majority of the legal votes are cast in favor of the amendment, the Governor shall proclaim that fact without delay and the amendment becomes part of the Constitution of Maine on the date of the proclamation; and be it further
Secretary of State shall prepare ballots. Resolved: That the Secretary of State shall prepare and furnish to each city, town and plantation all ballots, returns and copies of this resolution necessary to carry out the purposes of this referendum.
SUMMARY
This resolution proposes to amend the Constitution of Maine in the current constitutional provision that regulates the acquisition of property through the use of the power of eminent domain. It provides that the property acquired may not be transferred to a person, nongovernmental entity, public-private partnership, corporation or other business entity except that, if the property is not used for the purposes for which it was acquired within 5 years of acquisition, before it may be transferred it must be offered to the owner or the heirs of the owner from whom the property was acquired at the fair market price or the amount of just compensation that had been provided to the owner, whichever is lower.
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