After the U.S. Supreme Court's Kelo decision allowed economic development takings, what limits did Maine law place on eminent domain, particularly for residential property?
Plain-English summary
In June 2005 the U.S. Supreme Court decided Kelo v. City of New London, holding that economic development could qualify as a "public use" under the Fifth Amendment's takings clause. The decision authorized New London to take owner-occupied homes by eminent domain so the property could be transferred to a private developer for a planned hotel-restaurant-residential-office complex. Kelo was nationally controversial and Maine legislators asked Attorney General G. Steven Rowe what it meant for eminent domain in Maine, particularly for residential property.
The AG's three core points were:
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Kelo set a federal floor, not a ceiling. The U.S. Supreme Court's opinion explicitly said states are free to impose stricter limits on eminent domain than the Fifth Amendment requires. Many states already did.
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Maine's takings clause was different from the federal one. Article I, § 21 of the Maine Constitution required both that property be taken for "public uses" and that "public exigencies require it": a two-pronged test, while the federal clause only required "public use." Maine's "public exigencies" prong gave the Legislature broader authority but had not been fully construed for economic development purposes.
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Maine's general municipal eminent domain statute (30-A M.R.S.A. § 3101) already protected owner-occupied homes. That statute prohibited takings of land where the owner or owner's family resided in a dwelling on the property, without the owner's consent. The Kelo fact pattern (taking owner-occupied homes for redevelopment) couldn't happen under § 3101 in Maine because the owner-consent requirement applied. But § 3101 only governed takings not authorized by another statute, and there were many other Maine statutes authorizing eminent domain (urban renewal, community development, transportation districts, etc.) that didn't have the same protection.
The AG specifically flagged 30-A M.R.S.A. §§ 5101-5122 (urban renewal authorities), §§ 5201-5205 (community development plans for blighted areas), and §§ 5221-5235 (municipal development districts, which require at least 25% of the area to be blighted, in need of rehabilitation, or "suitable for commercial uses"). These statutes gave municipalities more latitude than § 3101 to take property for economic-development-style purposes.
The AG closed by inviting legislative inquiries about possible new restrictions in light of Kelo. The opinion attached a comprehensive compilation of all Maine eminent domain statutes (50+ provisions across most state agencies and most municipal-services categories).
Currency note
This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here. Notably, in the years following Kelo, many states (including Maine) enacted statutory or constitutional restrictions on eminent domain for economic development. The state of Maine eminent domain law in 2026 differs from the 2005 baseline this opinion described.
Background and statutory framework
The Kelo decision came at the end of a long debate over whether "public use" in the federal takings clause meant only government uses (a narrow reading) or any use producing a public benefit (a broad reading, the position the Supreme Court endorsed in Kelo). Justice Stevens's majority opinion deferred to local government determinations about what counts as a public benefit and treated economic rejuvenation as eligible. Justice O'Connor dissented vigorously, joined by Justices Rehnquist, Scalia, and Thomas; she warned that the decision effectively allowed any private-to-private transfer the legislature blessed. Justice Thomas wrote separately to argue the original meaning of "public use" was narrower still.
Maine's constitutional takings clause has different roots. The Maine Law Court has read Article I, § 21 as a two-part test, with "public use" substantively reviewed by courts and "public exigencies" treated as a political question for the Legislature subject only to rational basis review (Ace Ambulance Service v. City of Augusta, 337 A.2d 661 (Me. 1975)). The "public use" requirement was articulated by the Law Court in Blanchard v. DOT (2002 ME 96) as turning on whether the general public has a right to demand and share in the use, not as a matter of grace from a private party.
The earlier history of Maine economic-development takings was uneven. In 1957, the Justices in an Opinion of the Justices found a statute authorizing cities to take property by eminent domain for resale or lease to private industrial development unconstitutional, because its basic purpose was private. But in 1971, the Maine Supreme Judicial Court in Maine State Housing Authority v. Depositors Trust upheld eminent domain to acquire blighted areas and construct low-income housing, deferring to the Legislature's determination of public exigency.
The AG's compilation of eminent domain statutes is comprehensive. State agencies authorized to take property by eminent domain include the Bureau of Parks and Lands, the Department of Transportation, the Maine State Housing Authority, the Department of Environmental Protection (for hazardous-substance sites), the Loring Development Authority, Inland Fisheries and Wildlife (for hatcheries and management areas), the Department of Education, the Department of Defense, Veterans and Emergency Management, and many others. Private utilities have limited eminent domain power for transmission lines, gas, and water (35-A M.R.S.A. §§ 3136, 4710, 6408). Local governments have eminent domain authority for highways, sewers, drains, transportation districts, housing authorities, sanitary districts, refuse disposal districts, airports, and a broad set of urban-renewal and community-development purposes.
Common questions
Q: What did Kelo v. City of New London hold?
A: That economic development qualifies as a "public use" under the Fifth Amendment's takings clause, allowing New London to take owner-occupied homes by eminent domain for transfer to a private redeveloper as part of a comprehensive economic revitalization plan.
Q: Did Kelo require Maine to allow the same kind of takings?
A: No. Kelo set a federal floor, not a ceiling. The Supreme Court explicitly said states are free to place stricter limits on eminent domain than the Fifth Amendment imposes.
Q: How was Maine's takings clause different?
A: Article I, § 21 requires both that the taking be for "public uses" and that "public exigencies require it." The federal clause only requires "public use." Maine's two-pronged test had not been fully construed in the economic-development context as of 2005.
Q: Could a Maine municipality take an owner-occupied home for economic development under the general municipal eminent domain statute?
A: No. 30-A M.R.S.A. § 3101 expressly required owner consent for takings of land where the owner or owner's family lived in a dwelling on the property. The general municipal statute foreclosed Kelo-style takings.
Q: Could a Maine municipality take an owner-occupied home under any other statute?
A: Yes: under more specific statutes for urban renewal (30-A §§ 5101-5122), community development in blighted areas (30-A §§ 5201-5205), or municipal development districts (30-A §§ 5221-5235). Section 3101 only applied to takings not authorized by another law.
Q: Did Maine require land taken to be used only for the original purpose?
A: Under § 3101, yes: land taken under that section could only be used for the purpose for which it was originally taken. Other statutes had different rules (for example, 1 M.R.S.A. § 815 created a right of first refusal for the condemnee or heirs if a project was abandoned).
Q: Was the Maine Legislature free to add further restrictions on eminent domain after Kelo?
A: Yes. The AG explicitly invited that conversation: "the Legislature is free to place additional restrictions on the use of eminent domain in Maine."
Citations and references
Constitutional provisions:
- Maine Constitution, Article I, § 21 (Maine takings clause)
- U.S. Constitution, Fifth Amendment (federal takings clause)
Cases:
- Kelo v. City of New London, 545 U.S. 469 (2005)
- Blanchard v. Department of Transportation, 2002 ME 96, public use definition
- Ace Ambulance Service v. City of Augusta, 337 A.2d 661 (Me. 1975), public exigencies as political question
- Opinion of the Justices, 131 A.2d 904 (Me. 1957), industrial-development takings unconstitutional in this form
- Maine State Housing Authority v. Depositors Trust Co., 278 A.2d 699 (Me. 1971), blighted-area takings upheld
Statutes (selection; see PDF for full compilation):
- 30-A M.R.S.A. § 3101 (general municipal eminent domain, with owner-occupied dwelling exception)
- 30-A M.R.S.A. §§ 5101-5122 (urban renewal authorities)
- 30-A M.R.S.A. §§ 5201-5205 (community development; blighted areas)
- 30-A M.R.S.A. §§ 5221-5235 (municipal development districts)
- 30-A M.R.S.A. § 4746 (housing authorities)
- 23 M.R.S.A. §§ 3022-3023 (local highways)
Source
- Landing page: https://www.maine.gov/legis/lawlib/lldl/agops/agops.htm
- Original PDF: https://lldc.mainelegislature.org/Open/AG/Opinions/2005/ag_20050728.pdf
Original opinion text
MAINE STATE LEGISLATURE
The following document is provided by the
LAW AND LEGISLATIVE DIGITAL LIBRARY
at the Maine State Law and Legislative Reference Library
http://legislature.maine.gov/lawlib
Reproduced from scanned originals with text recognition applied
(searchable text may contain some errors and/or omissions)
REGIONAL OFFICES:
BANGOR, ;'v1AINE 0440 l
G. STEVEN ROWE TEL: (207) 941-3070
FAX: (207) 941-3075
ATTORNEY GENERAL
44 UAK STREET, 4TH FLOOR
PORTLAND, MAINE 04101-3014
TEL: {207) 822-0260
Ii'AX: (207) 322-0259
Telephone: (207] 626-8800 STATE OF MAINE TDD: (877) 428-8800
TDD: [207) 626-8865 OFFICE OF THE ATTORNEY GENERAL 128 SWEDEN ST., STE. 2
r.Hn"Rn.fl, l.if.Hl'J'Q fl.1.7~h
6 STATE HOUSE STATION TEL: (207) 496-3792
AUGUSTA, MA.INE 04333-0006 FAX: (207) 496-3291
To: Maine Legislators
From: Attorney General Steve Rowe
Date: Jniv 28. 2005
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Re: Recent Supreme Cou..rt: Decision on Eminent Domain
In response to a number of inquiries regarding the recent U.S. Supreme Court decision
involving the scope of state authority to take private property by eminent domain, this
office prepared the attached letter.
We have also prepared a compilation of the various Maine statutes that contain eminent
domain provisions. Because the document is lengthy, I have not attached it. However, if
you would like a copy, please contact Dottie Perry in t],is office and she will forward one
to you. You can contact Dottie at 626-8599 or [email protected]. Simply ask for
the iist of eminent domain statutes.
If you have questions or would like more information on this subject, please feel free to
contact me. Thank you.
REGIONAL OFFICES:
BANGOR, MAINE 04401
TEL: (207) 941-3070
G. STEVEN RowE FAX: (207) 941-3075
ATTORNEY GENERAL
44 OAK STREET, 4TH FLOOR
PORTI.ANO, MAINE 04101-3014
TEL: (207) 822-0260
FAX: (207/ 322-0259
TDD: (877) 428-8800
Telephone: [207] 626-8800 STATE OF MAINE
128 SWEDEN ST., STE. 2
TDD: [207] 626-8865 OFFICE OF THE ATTORNEY GENERAL
6 STATE HOUSE STATION TEL: (207) 496-3792
FAX: (207) 496-3291
AUGUSTA, MAINE 04333-0006
July 22, 2005
Members
nd
122 Maine Legislature
State House Station
Augusta, Maine 04333
RE: Recent U.S. Supreme Court Eminent Domain Decision
Dear Legislators:
On June 23, 2005, the U.S. Supreme Court issued a decision involving the scope of state
authority under the Fifth Amendment of the U.S. Constitution to take private property by
eminent domain, Keio v. New London, 2005 U.S. LEXIS 5011 ("Keio"). I have received calls
from a number of legislators asking what impact the Keio decision has on the exercise of eminent
domain under Maine law, particularly its use by municipalities with respect to residential
property.
The :Maine Legislature has enacted a variety of statutes, both specific and general in their
scope, authorizing the exercise of the eminent domain power. And while the Keio case offers
guidance about the applicability of the Fifth Amendment to the U.S. Constitution, the similar but
distinct provision in Article I, § 21 of the :M:aine Constitution is of course not addressed in that
decision and is subject to interpretation by the Maine Law Court. As a result, any analysis of the
legallv oermissible scooe of the eminent domain oower is deoendent on the facts~
- .,, .A. .A. .... -----7 the
J. - - -
statutorv
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provision involved, and judicial interpretation by Maine's courts.
Within these limitations, I offer the following information on what the Supreme Court
decided in the Keio case, the holdings in relevant Maine case law precedents, and the range of
eminent domain statutes in current Maine law. It should be emphasized at the outset that the
Supreme Court expressly recognized the ability of the states to establish limits more restrictive
than those that How from the Fifth Amendment.
Ftiutet..i uu H.ct:yd~t..i Papt:r
Summary of Keio v. City of New London
The Keio case involved the City of New London's plan to re-develop an economically
depressed district by constructing a new hotel, restaurants, retail stores, residences and office
space. To allow for the new construction, the City authorized the acquisition of property in the
development area by eminent domain. A Connecticut statute expressly authorized the use of
eminent domain to promote economic development. Several landowners in the area of the
planned development challenged this use of the City's eminent domain authority. The
landowners argued that the development plan failed to serve a public purpose, and therefore
failed to satisfy the Fifth Amendment's requirement that government may take private property
only for public use.
The Supreme Court found that the development plan served a public purpose and
therefore constituted a public use under the Taldngs Clause of the Fifth .Amendment. Ltl reaching
this conclusion, the Court determined that the plan did not benefit a particular class of
identifiable individuals. The Court noted that the City's determination of whether econo1nic
rejuvenation was justified under the circumstances was entitled to deference, and that there was
no basis for excluding economic development from the concept of public purpose. Importantly,
the Court's opinion only addresses the limits that the United States Constitution places on the
exercise of eminent domain authority, and is careful to point out that states are free to place
restrictions on the use of this authority that go beyond the Federal Constitutional limits:
We emphasize that nothing in our opinion precludes any state from
placing further restrictions on its exercise of the takings power.
Indeed, many states already impose "public use" requirements that are
stricter than the federal baseline. Some of these requirements have
been established as a matter of state constitutional law, while others
are expressed in state eminent domain statutes that carefully limit the
grounds upon which takings may be exercised. Keio v. New London,
2005 U.S. LEXIS 5011 at 36-37 (citations omitted).
Limits on State Eminent Domain Authority under Maine Law
A. Maine Constitution
Article I, Section 21 of the Maine Constitution provides: "Private property shall not be
taken for public uses without just compensation; nor unless the public exigencies require it."
This language differs from the takings clause of the U.S. Constitution with the additional
requirement of"public exigencies." The U.S. Constitution's takings clause simply states:
" ... nor shall private property be taken for public use, without just compensation." U.S. Const .
.A. .n1end. V.
2
B. Maine Caselaw
The language of Article I, § 21 of the Maine Constitution estabiishes a two-pronged test:
private property can only be taken for a public use, and only where pubiic exigencies require it.
The Law Court has recently described the "public use" requirement as follows.
The distinction between a public and a private use to a large extent depends on the
facts of each case ... As a general rule, property is devoted to a public use only
when the general public, or some portion of it (as opposed to particular
individuals), in its organized capacity and upon occasion to do so, has a right to
demand and share in the use ... The public has to be able to be served by the use as
a matter ofright, not as a matter of grace of any private party.
Blanchard v. Department of Transportation. 2002 ME 96, ,r 29 ( citations omitted).
The "public exigencies" prong of the test, which is not part of the Fifth Amendment, is
subject to a less stringent standard of judicial review .
. . .the question of determining exigency has long been considered to be a political
decision for the Legislature to make, free from judicial review (unless it can be
said there is no rational basis upon which exigency could be found) ... .in
authorizing a taking by eminent domain the Legislature may make a finding of
public use and delegate the determination of exigency to the municipality or
public-service corporation which exercises the taking authority.
Ace Ambulance Service, Inc. v. City ofAugusta, 337 A.2d 661,663 (Me. 1975)(citations
omitted).
A brief review of the case law under the ~..faine Constitution's takings clause reveals 1'.vo
decisions that address the exercise of the eminent domain power for purposes of economic
1
development. In a 1957 Opinion of the Justices, the Maine Supreme Judicial Court found that a
proposed statute which would authorize a city to acquire property by eminent domain to resell or
lease for industrial development, was unconstitutional because its basic purpose was private and
not public. The Court noted that the action would be for the direct benefit of private industry and
the proposal amounted to no more than the taking of one party's property for sale or iease to
another party on the ground that the second party's use of it would be economically or socially
more desirable. Opinion of the Justices, 131 A. 2d 904 (Me. 1957).
In lvfaine State Housing Authority v. Depositors Trust Co., the Maine Supreme Judicial
Court found constitutional the law authorizing the Maine State Housing Authority to use eminent
domain to acquire blighted areas and construct low-income housing. The Court declined to
review the Legislature's determination of what may be considered a public exigency, declaring
that whether a public exigency exists that requires the taking of private property is a matter to be
detemUned by the Legislrrturef Tl1e Cl.Jttrt thus limited its review to the questi,;n ofwl1ether the
1
An opinion of the Justices is not binding precedent, but rather reflects the opinions of the individual Justices on the
question(s) presented,
3
use for which a taking is authorized by the Legislature would be a public use. Mindful of the
presumption of constitutionality of statutes, and giving deference to the Legislature's judgment,
the Court found that the Maine State Housing Authority's use of eminent domain in the manner
authorized by the statute would be a public use, and therefore the statute authorizing that taking
did not violate the Maine Constitution. Maine State Housing Authoriry v. Depositors Trust Co.,
278 A. 2d 699 (Me. 1971).
C. Reievant ]\.1aine Statutes
There are numerous Maine statutes authorizing the talcing of property by eminent
domain. The following discussion, while not intended to be a comprehensive listing of these
2
statutes, provides examples that illustrate the range of circumstances in which.municipalities are
authorized to use eminent domain, with particular attention to those relevant to economic
r1 en ral rt,t"U''Y"I .Qn.+ 3
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The general municipal eminent domain power statute is found at 3 0-A M.R. S .A § 3101,
which applies only to takings not authorized by another statute. Section 3101 permits a
municipality to acquire real estate or easements for "any public purpose" using the condemnation
procedure for town ways, subject to two very significant limitations: 1) the municipality may not
talce any land without the consent of an owner if the owner or the owner's family reside in a
dwelling house located on the land; and 2) land taken under this provision may only be used for
the purpose for which it was originally taken.
Keio held that owner occupied residential property could be taken by eminent domain
consistent with the Fifth Amendment. That result could not occur in a taking under Section 3101
because of the requirement of owner consent; however, § 3101 expressly states that it does not
apply to any taking authorized "by any other law." Accordingly, we must look to the precise
terms of the particular statute that forms the legal basis of a taking. Maine law contains quite a
number of such statutes. Examples indude: 23 M.R.S.A. § 3022-3023 (local highways and
easements); 30-A~A.R.S.A. 3402 (sewers and drains); 30-A 3510 (transportation districts); and
30-A M.R.S.A. § 4746 (housing authorities).
2
While we focus here on municipalities, we note tliat the state and its agencies are authorized to acquire property by
eminent domain under a number of siaiules. See, e.g., 1 M.R.S.A. § 814 (expansion of state government in the
Capitol area), 12 M.R.S.A. § 1812 (parks and historic sites), 20-A MRS.A. § 3305 (schools), 23 MRS.A. § 153-B
(highway related projects), 23 MRS.A § 8003 (Northern New England Passenger Rail Authority), 37-B M.RS.A.
§ 30 l (military facilities), and 38 M.R.S.A. § 1364 (mitigation of uncontrolled hazardous substance sites). In
addition, private utilities are given certain limited eminent domain powers; see, e.g., 35-A M.R.S.A. § 3136 (electric
transmission and distribution lines), 35-A MRS.A. § 4710 (natural gas), and 35-A M.R.S.A. § 6408 (water).
3
This description of relevant statutes does not attempt to include the procedures by which a municipality reaches its
decision to proceed ·with a particular project or the need to rake property to effectuate thai project. These procedures
of course provide an important opportunity for citizen ii1put.
4
Several statutes are relevant to economic development efforts of municipalities. An
urban renewal authority created by a muPicipality may use eminent domain power to acquire
property to prevent, clear and redevelop blighted areas; this may include the transfer of the
acquired property to a redeveloper, pursuant to 30-AM.R.S.A. §§ 5101-5122. A municipality
may aiso adopt a community deveiopment pian to provide either iow and moderate income
housing or public facilities to expand economic opportunity under 30-A MRSA §§ 5201-5205.
Under the iatter statutes, a municipaiity has general authorization to acquire by eminent domain
"any vacant or undeveloped land" and "any developed land and structures, buildings and
improvements existing on the land located in designated slum or blighted areas for the purposes
of the demolition and removal or rehabilitation and repair or redevelopment of property so
acquired." 30-A M.R.S.A. § 5203(3)(A). Land taken by municipalities under their authority
pursuant to § 5203 may generally not, within 10 years of the date of acquisition, be sold
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Perhaps the broadest statutory authority for economic development that incorporates
eminent domain authority is found in 30-A M.R.S.A. §§ 5221-5235, which govern municipal
development districts. Designation of a development district is subject to several conditions,
including the following:
At least 25%, by area, of the real property within a development district must
meet at least one of the following conditions:
(1) Must be a blighted area;
(2) Must be in need of rehabilitation, redevelopment or conservation
work; or
(3) Must be suitable for commercial uses.
30-A .rvf.R. S.A. § 5223(3)(A).
Conclusion
We cannot overemphasize the need for a detailed set of facts, like that available to the
Supreme Court in Kelo, as a basis to conduct a meaningful analysis of the limits of eminent
domain authoritv under the takimrn clauses of the Maine and U.S. Constitution. The uniaue
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factual circumstances of each case, together with the detail of the authorizing statute, will dictate
the outcome. Therefore, it is not possible to predict the outcome of the next legal challenge to an
exercise of eminent domain authority in the abstract. This is even more true in light of the fact
the Maine's Law Court has not had occasion in recent years to address the appiication of the
takings clause ofiv1aine's Constitution to eminent domain in the context of economic
development.
It is aiso important to ernphasize, as the Supreme Court did in Keio, that i:he Legislature is
free to place additional restrictions on the use of eminent domain in Maine. The Keio decision
may be viewed as providing a floor, rather than a ceiling, for the exercise of the eminent domain
5
power upon which the Legislature is free to enact further conditions (provided that they are
consistent with the other protections of the Maine and U.S. Constitutions). To the extent that
you or other members of the Legislature are interested in proposed legislation, we are available
to provide advice to you.
I hope this information is heip:fui.
Sincerely, t
}bjl,,__
G. STEVEN ROWE
Attorney General
GRS/djp
6
Eminent Domain Provisions in Maine Statutes
Tlte follov.nng statutes were identified by searching the on-line Maine Revised
Statutes Annotated by LexisNexis. Although the search was designed to be
comprehensive, it is possible that some statutes were not found
United States
1 M.R.S.A. § 12. Governor may cede 10 acres or less to United States; compensation to
owner
The Governor ... may cede to the United States for purposes named in its Constitution
any territory not exceeding 10 acres, but not including any highway; nor any public or
private burying ground, dwelling house or meetinghouse, without consent of the owner.
If compensation for land is not agreed upon, the estate may be taken for the intended
purpose by payment of a fair compensation, to be ascertained and determined in the same
manner as and by proceedings similar to those provided for ascertaining damages in
locating highways, in Title 23, chapters 201 to 207.
1 M.R.S.A. § 13. Land for fortifications or navigation aids; taking and ceding to UI1Jted
States; compensation
Whenever the public exigencies require it, the Governor may take in the name of the
State, by purchase and deed, or in the manner denoted, any lands or rights-of-way, for the
purpose of erecting, using or maintaining any fort, fortification, arsenal, military
connection, way, railroad, lighthouse, beacon or other aid to navigation, with ail
necessary rights, powers and privileges incident to their use, and may deliver possession
and cede the jurisdiction thereof to the United States, on such terms as are deemed
expedient.
Capitol Area
1 M,.R~S.A. § 814. Purchase ofreal estate
EXP ANSION IN 'r.dE CAPITOL AREA. Whenever the Governor determines that public
exigencies require the construction of additional buildings, structures, parking spaces or
other facilities for the expansion of State Government in the Capitol Area, the Governor
may purchase or take by eminent domain real estate in Augusta.
1 M.R.S.A. § 815. Abandonment of purpose; rights of condemnee
Not-withstanding any other provision of law, if an entity that has taken property by
eminent domain fails to use the property for the project or purpose for which that
property was taken, the co:ndenu1ee or the conderr1nee 1s heirs have a right cf first refusal
to purchase the property as provided in this section.
1
Land for Maine's Future
5 l'.1.R.S.A. § 6207-A. Use of eminent domain
The board may expend funds to acquire an interest in land obtained by the use of eminent
domain only if the acquisition has been approved by the Legisiatwe or is with the consent
of the owner or owners of the land, as the identity and address of the owner or owners is
shown on the tax maps or other tax records of the municipaiity in which the land is
located. If the land is located within the unorganized territory, for purposes of this section
the identity of the owner or owners must be as shown on the tax maps or other tax records
of the State Tax Assessor.
Loring Development Authority of Maine
5 M.R.S.A. § 13080-B. Loring Development Authority of Maine; powers; membership;
obligations_
-
POWERS. The authority is a public municipal corporation and may:
D. Exercise the power of eminent domain; ...
Airports
6 M.R.S.A. § 122. Land and air rights
- LAND. Private property needed by a city, town, county or authorized state agency for
an airport or landing field or for the expansion of an airport or landing field may be
acquired by gift, purchase, lea~e or other means. As a matter of public exigency, a city or
town may take land for use as an airport or ianding fieid whether such iand is within or
without its corporate limits and may alter, extend or discontinue such use ....
Inland Fisheries and Wildlife
12 M.RS.A. § 10109. Acquisition and disposal ofland
- ACQUISITION OF LAND ; WILDLIFE MANAGEMENT AND PUBLIC
ACCESS.
B. The commissioner may purchase, lease or take and hold, for and on
behalf of the State as for public uses, land and ali materials in and
upon it or any rights necessary for the purpose of establishing,
erecting and operatii7.g fish hatcheries or fish feeding stations or
wildlife management areas or public access sites to inland or coastal
waters.
Bureau of Parks and Lands
2
12 M.R.S.A. § 1812. Acquire interests in land; eminent domain; leases with the United
States
With the consent of the Governor and the commissioner, the director may acquire on
behalf of the State iand or any interests in iand within this State, with or without
improvements, by purchase, gift or eminent domain for purposes of holding and
managing the same as parks or historic sites.
12 M.R.S.A. § 1813. Acquisition of railroad rights-of-way for open space or recreation
corridors
For the purpose of establishing, preserving or enhancing corridors for use for open space
or recreation, the director may acquire with the consent of the Governor and the
commissioner, by license, lease, purchase, gift or eminent domain, railroad rights-of-way
upon which rail service is no longer operated.
12 M.R.S.A. § 1877. Authority to acquire property by eminent domain or otherwise
[Allagash Waterway]
Within the restricted zone, the bureau may acquire by eminent domain on behalf of the
State any land, improvements or any interest therein and water and power rights,
specifically excluding Telos Dam Lot and Lock Dam Lot and water and power rights
connected therewith
12 M.R.S.A. § 1892. Maine Trails System
The director shall establish trails on state-owned lands and encourage the establishment
of trails on private lands by government agencies and private organizations. . . . If all
reasonable efforts to acquire lands or interests therein by negotiation have failed and
public exigency requires it, the director, with the consent of the Governor and the
commissioner, may utilize the power of eminent domain to acquire any land determined
necessary to provide passage via the most direct or practicable connecting trail right-of-
way across such lands; however, not more than 25 acres in any one mile may be acquired
without consent of the owner
Cemeteries
13 M.R.S.A. § 1181. Restrictions and conditions
The municipai officers of any town may on petition of 10 voters erJarge any public
cemetery or burying ground or incorporated cemetery or burying ground within their
t0Vv11 by taking land of adjacent owners, to be paid for by the town or otherwise as the
~ • i ,"""("'P ..... • ~ 1- •~ • · l ,:~ •, • •
mumc1pa1 orr1cers may t1lrect, wnen m tueif judgment puoac necessu:y requrres 1t.
Education
3
20-A M.R.S.A § 16101. Authority for condemnation
- CONDITIONS. A school administrative unit may condemn land for the construction or
enlargement of school buildings and playgrounds when: ...
20-A M.RS.A. § 3305. Taking ofland
The following provisions apply to talcing land for school purposes in the unorganized
territory.
- TAKING. The commissioner may designate, lay out and take a schoolhouse lot not to
exceed 3 acres, after 30 days written notice to the owner, ...
20-A M.R.S.A. § 16102. Procedures
- AUTHORITY TO CONDEMN. When the location of a school. lot has been legally
determined by a school administrative unit, the land may be condemned:
A. In a municipality by the municipal officer;
B. In a school administrative district by a school board; and
C. In a community scliool district by the district board of trustees.
Department of Transportation
23 M.R.S.A. § 153-B. Property for highways; acquisition
1. ACQUISITION OF PROPERTY. The Department of Transportation, on behalf of
the State, may take over and hold for the State such property as it determines necessary
to: ... [seven subsections describing types of projects]
23 M.R.S.A. § 302. Use
In cor..nection ,vith the laying out and establislunent of a controlled access highway the
department may take in fee or lesser estate, by purchase, gift, devise or by eminent
domain under chapters 1 to 19, part or all of any part ofland adjoining the highway
location which, by reason of such laying out and establishment of a controlled access
highway, has been severed from legal access to any public highway.
23 l\11.R.S.A § 303. Easements of access
Vlb.ere an existing highway has been designated as, or included within, a controlled
access highway by said department, existing easements of access may be so extinguished
by purchase or by talcing under eminent domain, ...
4
Maine Turnpike Authority
23 M.R.S.A. § 1965. Maine Turnpike Authority; powers; membership
F. Acquire in the name of the authority by purchase, eminent domain,
lease or otherwise, real property and rights or easements therein
deemed by it necessary or desirable for its purposes, and use that
property;
G. Acquire any such real property by the exercise of the power of
eminent domain in the manner provided by section 1967;
23 M.R.S.A. §1965. Property of the authority; eminent domain
USE OF EMINENT DOMAIN. Whenever a reasonable price cannot be agreed upon
for the purchase or lease of real property found necessary for the purposes of the
authority or whenever the owner is legally incapacitated or is absent or is unable to
convey valid title or is unknown, the authority may acquire by eminent domain any such
real property whether wholly or partly constructed or interest or interests therein and any
land, rights, easements, franchises and other property deemed necessary or convenient for
the construction or reconstruction or the efficient operation of the turnpike, its connecting
tunnels, or bridges, overpasses, underpasses or interchanges, or both, ...
Highways - County
23 M.R.S.A. § 2051. Power of [county] commissioners
- LAYOUT, IvfAINTENANCE AND DISCONTINUANCE OF ROADS IN
UNORGANIZED A.i,"llEAS. County commissioners may lay out, alter, close for
maintenance or discontinue },Jghways witliin tl1e unorgaPized areas of their counties ...
Public Landings and Parking Places
23 M.R.S.A. § 2801. Layout, alteration or discontinuance; public landings
Towns may lay out public or common landings and may alter or discontinue said
landings whether laid out under chapters 301 to 315 or now or hereafter established by
dedication or otherwise. Ali procedure shali be in substance the same as is provided by
law in the case of town ways.
23 l\tI.R.S.A. § 2802. [Layout, aiteration or discontinuance]--parking places
Towns ai1d cities may lay out land within their corporate limits for use as public
5
parking places for motor and other vehicles and may alter or discontinue such use. All
procedure including assessment of damages and appeal therefrom shall be the same as is
provided by general law for laying out, altering and discontinuing town and city ways.
Highways - Municipalities
23 M.R.S.A § 3022. Laying out of town ways and public easements
After a public easement has been laid out, it may be taken pursuant to section 3023.
23 M.R.S.A § 3023. Eminent domain
A municipality may take property or interests therein for highway purposes if the
municipal officers deteuirine that public exigency requires the immediate taldng of such
property interests, or if the municipality is unable to purchase it at what the municipai
ott1cers deem reasonable valuation, or if title is defective.
23 M.R.S.A § 3151. Bridle paths and trails; damages
Bridie paths and trails may be laid out, altered or discontinued by any town or city
within such town or city on petition therefor in the same manner as is provided by law for
the laying out, altering or discontinuing of town ways in a town or city streets in a city,
except that no cultivated or improved land shall be taken without the consent of the
owner and a 2/3 vote shall be required for the acceptance of such paths and trails by any
town.
23 M.R.S.A § 3251. Ditches, drains and culverts; control; damages
The municipal officers of a town may at the expense of the town construct ditches,
drains and culverts to carry water away from any highway or road therein, and over or
through any lands of persons or corporations, when they deem it necessar<; for public
convenience or for the proper care of such highway or road, ... Before land is so taken,
notice shall be given and damages assessed and paid therefor as is provided for the
location of town ways.
PJti!roads
23 M.R.S.A § 6001. Land bought or taken
A raiiroad corporation, for the location, construction, repair and convenient use of its
road, may purchase or take and hoid, as for public uses, land and all materials in and
upon it. Through woodland and forest the land so taken shall not exceed 6 rods in width
unless necessary for excavation, embankment or materials and through all land other than
woodland and forest, the land so taken shall not exceed 4 rods in width urJess necessary
for excavation, embankment or materials.
6
23 M.R.S.A § 6002. Land for improvements; proceedings
Any railroad corporation may purchase or take and hold, as for public uses, additional
land or rights in land, at any time required for improving the aiignment or grades of its
road, for double tracking its road, for protecting the tracks against erosion of adjoining or
adjacent land or against the action of the elements, or reasonably necessary in the
enhancement of public safety at dangerous curves or crossings; and land or rights
therein, ...
23 M.R.S.A § 6004. Land taken for change
Any railroad corporation may pUichase, or take and hold as for public uses, land and
materials necessary for making any changes authorized by section 6003, in the manner
authorized by its charter or the general provisions of law and may cross highways and
town ways in accordance with the law regulating those crossings.
Railroads - DOT
23 M.R.S.A. § 7154. Acquisition of railroads
ACQUISITION. Upon obtaining all necessary federal regulatory approvals or if approval
of a federal regulatory agency is not required, the department may acquire the railroad
line and associated property by purchase or the taking by eminent domain.
23 M.R.S.A. § 7206. Ways raised or lowered; course altered
Highways and other ways may be raised or lowered, or the course of the highways may
be altered, to facilitate a crossing br to permit a railroad to pass over or under the
highway or at the side of it, on application to the Department of Transportation, and
proceedings as provided by section 7202, and for these purposes land may be taken and
damages awarded as provided for laying out highways and other ways.
Northern New England Passenger Rail Authority
23 M.R.S.A. § 8003. Initiation and establishment of passenger rail service
- ACQUISffiON OF PROPERTIES; RIGHTS. The authority may acquire any of the
prope1ties or rights listed in subsection 1 through purchase, lease, lease-purchase, gift,
devise or otherwise. In making these acquisitions the authority may exercise the power of
eminent domain following the same procedure set forth in section 7154, subsection 5; ...
Lincoln and Sagadahoc Muiticounty Jail Autho!'ity
7
23 M.R.S.A § 1902. Real and personal property; right of eminent domain
The jail authority formed under this chapter may acquire and hold real and personal
property that the jail authority considers necessary for its purposes and is granted the
right of eminent domain. The jail authority may take and hold, either by exercising its
right of eminent domain ... for public uses any iand, real estate, easements or interest in
land, real estate or easements necessary for construction and operating the multicounty
jail.
Municipalities
30-A M.R.S.A. § 3101. Eminent domain power
•
A.
1
mumc1pauty
• • •
may acqmre
• hl'
rea1t estate or easements .i::i.or any puvLlC h
use _vY .
using h
Le
condemnation procedure for town ways, as provided in Title 23, chapter 304, subject to
the fuiiowing provisions. The iimitations set forth in this section do not apply to any
taking authorized by any other law.
-
OWNER RESIDES ON LAND. The municipality may not take any land without the
consent of the owner if, at the time of the taking, the owner or the owner's family resides
in a dwelling house located on the land. -
LIMITATION ON USE. Except as provided in paragraph A, land taken under this
section may not be used for any purpose other than the purposes for which it was
originally taken.
A. Land in any municipality which is taken for a public park may,
by authority of a majority vote of the municipal legislative body, be
conveyed to the Federal Government to become part of a national park.
30-A M.R.S.A. § 3102. Improvement of navigation and prevention of erosion
A municipality may acquire real estate or easements by the condemnation procedure for
town ways, as provided in Title 23, chapter 304, and may contract with the State
Government and Federal Government to comply with requirements imposed by the
Federal Government in authori.zing any project which has been approved by the Governor
for improving harbor and river navigation or preventing property damage by erosion or
flood.
30-A M.R.S.A § 3351. Acquisition
Any municipality may, by action of its legislative body, direct its municipal officers to
take suitable lands for public dumping grounds. When so directed, the municipal officers
shall follow the conde1nnation procedure for town ways, as provided in Title 23, chapter
304.
8
30-A M.R.S.A § 3252. Preservation of trees along public ways and water
- CREATION OF PRESERVED LANDS. For the purpose of preserving and increasing
the growth of trees on land abutting any public way or located on uplands adjoining any
river or other body of water, municipalities and municipai ottlcers, acting under section
3101, may set aside and define such land, not exceeding 5 rods in width....
30-A M.R.S.A § 3402. Construction of drains; expense and control; notice; damages
-
CONSTRUCTION OF SEWERS AND DRAINS. The municipal officers of a
municipality, or a committee duly chosen by the municipality, may construct public
drains or sewers, sewer systems or sewage disposal systems ... through or upon any lands
.e: 1 l.
1
or,. persons wnen mey
.t • ..t
cons1uer •
1t necessary 1or t..1"
puu11c •
convenience or l.ueaitu. . .. -
TAKING OF LAND. Before the iand is taken for the construction of any sewer,
notice shall be given and damages assessed and paid for the land as is provided for the
location of town ways under Title 23, chapter 304.
Transportation Districts
30-A M.R.S.A. § 3510. Eminent domain; appeal
A district may acquire for the public purposes of a district by purchase or by the
exercise of the power of eminent domain any and all real property of any person,
including the real and personal property and franchise of any person operating a local
mass transportation service within any municipality comprising a district.
Housing Authorities
30-A lvl.R.S.A. § 4746. Eminent domain
An authority may acquire by the exercise of eminent domain any real property which
it considers necessary for its purposes under this chapter. The authority must first adopt a
resolution declaring that the acquisition of the real property described in the resolution is
necessa...'"'/ for those purposes ...An authority shall exercise the power of eminent domain in
the manner provided in section 5108, but references in section 5108 to an urban renewal
project and a renewal project area and the like do not apply.
Urban Renewal Authorities
30-A Ivi.R.S.A. § 5108. Eminent domain
The authority may acquire aH or any part of the real property within the renewal project
area by the exercise of the power of eminent domain whenever the authority determines
9
that the acquisition of the real property is in the public interest or necessary for the public
use.
Community Development
30-A M.R.S.A. § 5203. Municipal powers
- DEVELOPMENT POWERS. Except as provided, the municipal officers of a
municipality may exercise, pursuant to a duly approved and adopted community
development program, all appropriate and necessary powers to implement and complete
the program, including, but not limited to:
A Acquisition by purchase or by eminent domain of any vacant or
undeveioped land and of any developed land and stn.1ctcires, buildings
and improvements existing on the land located in designated slum or
blighted areas for the purposes of the demoiition and removal or
rehabilitation and repair or redevelopment of property so acquired; ...
30-A M.R.S.A. § 5204. Eminent domain
The following provisions govern the exercise of eminent domain powers by the
municipal officers. [ spells out conditions and procedures icluding appeals]
Development Districts
30-A M.R.S.A. § 5223. Development districts
-
CREATION. A municipal legislative body may designate a development district
within the boundaries of the municipality .... -
POWERS OF MUNICIPALITY. Within development districts and consistent with
the development program, the municipality may acquire, construct, reconstruct, improve,
preserve, alter, extend, operate or maintain property or promote development intended to
meet the objectives of the development program. Pursuant to the development program,
the municipality may acquire property, land or easements through negotiation or by using
eminent domain powers in the manner authori..zed for corrununity development programs
under section 5204 .....
30.-A M.R.S.A. § 5247. Affordable housing development districts
-
CREATION. A municipai legisiative body may designate an affordable housing
deveiopment district within the boundaries of the municipality ... -
POWERS OF MUNIC.LPALITY. Within an affordable housing development
district and consistent with an affordable housing development program, a municipality
may acquire, construct, reconstruct, improve, preserve, alter, extend, operate or maintain10property or promote development intended to meet the objectives of the affordable
housing development program. Pursuant to the affordable housing development program,
the municipality may acquire property, land or easements through negotiation or by using
eminent domain powers in the manner authorized for community development programs
under section 5204.
30-A M.R.S.A. § 5264. Development districts; development programs and ordinances
[Pulp and Paper Manufacturing Sector Stabilization Assistance]
-
DISTRICT. The municipal legislative body may designate development districts
within the boundaries of the municipality ....A. At least 75% by area of the real property within a development
district :must be owned by a co111pany engaged in the pulp and paper
industry. -
POWERS. Within development districts, and consistent with the development
program, the municipality or the municipality's designee may acquire, construct,
reconstruct, improve, preserve, alter, extend, operate, maintain or promote development
intended to meet the objectives of the development program. Pursuant to the development
program, the municipality may acquire property, land or easements through negotiation
or by using eminent domain powers in the manner authorized for community
development programs under section 5204.
30-A M.R.S.A. § 5403. General grant of powers
A municipality may:
-
REVENUE-PRODUCING MUNICIPAL FACILITIES. Acquire, construct,
reconstruct, improve, extend, enlarge, equip, repair, maintain and operate any revenue-
producing municipal facility; -
ACQ(JISITION OF L..AND OR PERSON.AT .TY. Acquire in the municipality's name
either by gift, purchase, lease, or the exercise of the right of eminent domain land, rights
in land or water or air rights in connection with the construction, reconstruction,
improvement, extension, enlargement or operation ofrevenue-producing municipal
facilities; acquire any personal property, that it considers necessary in connection with
those activities;
Plantations
30-A 1-1.R.S.A. § 7061. Land taken for parks, squares, open areas, public libraries and
playgrounds
A plantation may acquire real estate or easements by using the condemnation procedure
for town ways, as provided in Title 23, chapter 304, subject to the following provisions.
11
The limitations set forth in this section do not apply to any taking authorized by any other
law.
- CONSENT OF OWNER REQUIRED. A plantation may not take any land without
the consent of the owner if at the time of the taking the land is occupied by a dwelling
house in which the owner or the owner's family resides.
Public Utilities
35-A M.R.S.A. § 2311. Lines along railroads; application to Public Utilities
Corrunission when disagreement
A person maintaining or operating a telephone or electric line may construct a line
across, upon or aiong any raiiroad with the written permit of the person owuing or
operating the railroad. If the person maintaining or operating a telephone or electric line
and the person owning or operating the railroad can not agree .... The commission may ...
authorize, subject to appropriate terms and conditions, the person to take by eminent
domain an easement across the railroad.
35-A M.RS.A. § 3136. Transmission and distribution utilities have eminent domain;
approval
1. LANDNECESSARYFORLOCATION OF TRANSMISSION LINES
CARRYING 5,000 VOLTS. Any transmission and distribution utility may take and hold
by right of eminent domain lands and easements necessary for the proper location of its
transmission lines that are designed to carry voltages of 5,000 volts or more and of
necessary appurtenances, located within the territory in which the utility is authorized to
do public utility business, in the same manner and under the same conditions as set forth
in chapter 65.
35-A M.R.S.A. § 3911. Eminent domain [Municipal electric districts]
A district may exercise the right of eminent domain under the same conditions and for
the same purposes as other transmission and distribution utilities under section 3136.
Title to property acquired must be taken in the name of the district.
35-A M.R.S.A. § 4134. Acquisition of property [Maine Municipal and Rural
Electrification Cooperative Agency]
-
EMINENT DOMAIN. The agency may acquire by the exercise of the power of
eminent domain any real property, or any interest in reai property, which it determines
necessary fur its purposes under this chapter, after the adoption by it of a resolution
decla..ring the acquisition of the real prope1ty or interest in it described in the resolution is
necessary for those purposes. -
RESTRICTIONS. The agency shall exercise the power of eminent domain in the
12manner provided in Title 30-A, section 5108. References in Title 30-A, section 5108, to
an urban renewal project and a renewal project area and the like are inapplicable.
35-A M.R.S.A. § 4710. E111inent domain. [gas utilities]Subject to the provisions of this section, a natural gas utility may take and hold by
right of eminent domain lands or rights in lands necessary to the safe, economicai and
efficient operation of a pipeline and to the provision of adequate service to the public. For
purposes of this section, the term "natural gas utility" means an intrastate naturai gas
pipeline utility or a gas utility other than a gas utility over which the commission's
jurisdiction is limited pursuant to section 4702.
35-A M.R.S.A. § 6408. Standard districts; authority to acquire property; rights of
eminent domain [Water]
2. EMINENT DOMAIN. For purposes of its incorporation, a standard district may
exercise the right of eminent domain as provided in chapters 65 and 67 to acquire any
interest in land or water rights:
35-A M.R.S.A. § 6501. Rights of parties as to procedure [Water]
- WATER UTILITIES MAY EXERCISE RIGHT OF EMINENT DOMAIN. Water
utilities may exercise the right of eminent domain for obtaining sources of supply and
locations for storage and for the protection of them and locations for transmission and
distribution of water to the public under this chapter and chapter 69.
35-A M.R.S.A. § 7904. Land for public use [Telephone]
Every telephone utility in the State may purchase, or take and hold as for public uses,
land necessary for the construction and operation of its lines. Land may be taken and
damages for it may be estimated, secured, determined and paid as provided for water
utilities by sections 6502 to 6512.
l'-dilitary Bureau
37-B M.R.S.A. § 301. Acquisition of property for construction of military facilities
- EMINENT DOMAIN. The Adjutant General may acquire real property by right of
eminent domain in the manner prescribed by law for the taking of land for highway
purposes, and both real and personal property by purchase, gift or otherwise, for the
purpose of construction or maintenance of armories, airports, shipyards and other military
facilities, including the building or improvement and maintenance of railroads or roads
necessary for the more efficient use of these facilities for military purposes and the .
procuring of equipment and supplies for military purposes.
37-B M.R.S.A. § 504. Maine Veterans' tviemorial CemeterJ System
i3
1. LAND ACQUISITION. The director may acquire by eminent domain in
accordance with Title 35-A, chapter 65 and with approval of the Governor, or by
purchase, gift or otherwise, real estate in fee simple, or any interest therein, for use by the
Maine Veterans' Memorial Cemetery System.
Maine Emergency Management
37-B M.R.S.A. § 821. Eminent domain
When the Governor has issued a proclamation in accordance with section 742 and,
when in his judgment for the protection and welfare of the State and its inhabitants, the
situation requires it as a matter of public necessity or convenience, he may take
possession of any real or personal property located within the State for public uses in
i! .. .-.&.t.. --~--..... .,... -+' +t.-:,., ~ hn-4-.a..,..
l.Ul LllCli:U.11.,C U.L Uili) vua.p~vL.
Department of Environmental Protection
38 M.R.S.A. § 568. Cleanup and removal of prohibited discharges
The department may exercise the right of eminent domain in the manner described in
Title 35-A, chapter 65, to take and hoid real property to provide drinking water supplies
to replace those contaminated by a discharge and to undertake soil and·ground water
remediation to protect water supplies that are at significant risk of contamination.
Water Storage Reservoirs
38 M.R.S.A. § 932. Eminent domain; assessment of damages
Any person, firm or corporation authori.zed and empowered to build, maintain and
operate pipes, conduits, penstocks, tunnels and canals under section 931 is further
authorized and empowered to exercise the right of eminent domain by talcing and holding
as for public uses in the manner and subject to the limitations prescribed in Title 35-A,
section 6502,_such lands and rights-of-way as such person, firm or corporation may
require for such purposes when the water which will be stored, retained and discharged
through the use of such pipes, conduits, penstocks, tunnels and canals will be devoted to
pnhlic rn:es.
38 M.R.S.A. § 933. Authorization required
Any person, firm or corporation authorized and empowered to augment stored water
by pumping or otherwise under section 931 and acquire by eminent domain for public
uses, lands and rights-of-way for pipes, conduits, penstocks, tulli1els and canais under
section 932 is authorized and empowered to exercise the rights and benefits under this
chapter but only when sucl1 person., firm or corporation shall l1a\1e r~~ei~✓-ed the rrecessar;1
authority by legislative Act.
14
Sanifa.ry Districts
38 M.R.S.A. § 1152. Right of eminent domain
Each sanitary district formed under this chapter is authorized and empowered to
acquire and hold real and personal property necessary or convenient for its purposes, and
is granted the right of eminent domain, and for such purposes is authorized to take and
hold, either by exercising its right of eminent domain or by purchase, lease or otherwise,
as for public uses any land, real estate, easements or interest therein, and any sewers,
drains or conduits and any sewer or drainage rights necessary for constructing,
establishing, maintaining and operating sewers, drains, reservoirs, flush tanks, manholes,
catch basins, treatment works, pumping stations and other appliances and propert'f used
or useful for collecting, holding, purifying, distributing and disposing of sewage matter
and commercial and industriai waste and surface and waste waters.
Department of Environmental Protection - Uncontrolled Hazardous Substance Sites
38 M.R.S.A. § 1364. Powers and duties of the department
The department may exercise the right of eminent domain in the manner described in
Titie 35-A, chapter 65, to take and hold real property for any of the purposes described in
this subsection. The commissioner shall report on the circumstances of any taking by
eminent domain to the joint standing committee of the Legislature having jurisdiction
over natural resource matters during the next regular session following the acquisition of
any property by eminent domain. The department may transfer or convey to any person
real property or any interest in real property once acquired.
:Maine Reiuse Disposal Districts
38 M.R.S.A. § 1732. Real and personal property and right of eminent domain
Each disposal district formed under this chapter may acquire and hold real and
personal property which it deems necessary for its purposes, and is granted the right of
eminent domain; and for those purposes may take and hold, either by exercising its right
of eminent domain or by purchase, lease or otherwise, as for public uses any land, real
estate, easements or interest therein, necessary for constructing, establishing, maintaining
and operating refuse disposal, resource disposal, resource recovery and resource
conservation facilities and may provide for the conversion of waste to energy and the
transmission thereof
State Pfanning Office - Solid ""Vaste Disposal Facilities
....... ·~,.- 1n> C' ;I.
JO ~ ......
l'V.t• ..n...i::,:.a. ~ ,1,.1.,..1::;. -~1 ~n-< pe.-nona
,ii:.'.{\ D
l.'-Cia. cuu
1..::,
11 P...
1v "'p v 1+<y·
0
t. , r1· nhi-
5 ... .u..
1.
0
u.v .t. ......
of V..l.m1·.,,,.,.n
J.
Aoma1n
.1..1......1.. • .I.
15
The office may acquire and hold real and personal property that it considers necessary
for its purposes, is granted the right of eminent domain and, for those purposes, may take
a.fld hold, either by exercising its right of eminent domain or by purchase, lease or
otherwise, for public use, any land, real estate, easements or interest therein, necessary
for constructing, establishing, maintaining, operating and the closure of solid waste
disposal facilities.
16