State v. Central Maine Power Co.

640 A.2d 1067, 1994 Me. LEXIS 78
CourtSupreme Judicial Court of Maine
DecidedApril 25, 1994
StatusPublished
Cited by4 cases

This text of 640 A.2d 1067 (State v. Central Maine Power Co.) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Central Maine Power Co., 640 A.2d 1067, 1994 Me. LEXIS 78 (Me. 1994).

Opinion

WATHEN, Chief Justice.

Central Maine Power Company (“CMP”) appeals from a judgment rendered by a single justice of the Supreme Judicial Court CCollins, J.) sitting in equity. Pursuant to a provision contained in a legislative charter, the Court determined the annual base rental to be paid by CMP for public land leased from the State. The land in question consists of public lots that form part of the dam and reservoir known as Flagstaff Lake. CMP contends that the Court erred as a matter of law in finding that the riparian rights remain appurtenant to the land leased from the State. CMP contends that it owns the water rights and that the value of those rights should not have been included in the assessment of annual rental for the land. Further, it contends that even if the value of the water rights is properly included in the rental, the Court relied on a flawed methodology in arriving at a fair and equitable annual rental of $527,858. We affirm the judgment.

In 1923, after overriding a veto by then Governor Baxter, the legislature chartered the Kennebec Reservoir Company (“KRC”), authorizing the state land agent to convey to the KRC public lands near Long Falls on the Dead River, for the purposes of building a dam for power generation and for facilitating log and lumber drives. P. & S.L.1923, eh. 74, §§ 3, 4 & 13. Significant public opposition to [1069]*1069the sale of the land arose after enactment, and the legislature subsequently repealed the law. In 1927 the legislature enacted P. & S.L.1927, ch. 113,1 that mirrored an agreement achieved by Governor Baxter to lease the Long Falls Site to KRC and to authorize KRC to dam the Dead River to create a storage reservoir.2 Id.

[1070]*1070Although no construction was undertaken, in 1937 the legislature amended and extended the KRC charter so that:

if and when [CMP] purchases the rights, privileges, franchises and properties of [KRC] as provided for in this act, the state of Maine hereby consents to the assignment and transfer to said [CMP] of the lease of the state, public or reserved lots, which lease is contained in section 13 of the charter of said [KRC] and is section 13 of chapter 113 of the private and special laws of the state of Maine for the year 1927; and if and when said lease is so assigned and transferred to [CMP] it shall be and become the lessee thereunder in substitution for said [KRC] in the same manner as though said lease were originally granted to it.

P. & S.L.1937, ch. 62, § 6. CMP finally acquired KRC’s lease in 1940 and, pursuant to section 13(b) of the original charter, has paid the $25,000 annual rental since 1941. During the late 1940s and early 1950s, CMP built a dam at Long Falls, creating Flagstaff Lake that extends 27 miles upstream and covers 17,600 acres. This storage project presently generates an increment of 83,663,-000 kilowatt-hours (kWh) per year to nine downstream generating plants. CMP owns four of the plants outright, and a portion of a fifth plant. All nine plants are parties to the Kennebec River Headwater Benefits Agreement, under which each pays its proportionate share of the Flagstaff Project’s expenses.

As the expiration date of the original lease approached, CMP sought a twenty-year extension. Negotiations failed, so the lease automatically renewed for an additional twenty year term pursuant to section 13(b). Governor McKernan petitioned the Supreme Judicial Court for a determination of a fair and equitable rental by a single justice.

The proceedings before the court consisted of a ruling on a motion for a partial summary judgment and a determination of a fair and equitable rental from testimony submitted by affidavit. The Court ruled as a matter of law that “[a]ll riparian and water rights relating to the flow of the Dead River through the leased property are appurtenant to the leased land and, therefore, remain the property of the State and are not owned by CMP by virtue of their ownership of the dam,”3 and arrived at its determination of rental based on the evidence before it. CMP appeals.

I.

Although the parties did not challenge the jurisdiction of the single justice, the unusual nature of the proceeding requires our consideration. Section 13(b) of the 1927 Act provides that if the parties do not agree on the terms of the lease renewal six months before the lease expires, it automatically renews on its original terms except as to the amount of the annual rental. P. & S.L.1927, ch. 113, § 13(b). Either party may then “petition to any justice of the supreme judicial court, in equity, for the determination thereof....” Id.

In Curtis v. Cornish, 109 Me. 384, 385, 84 A. 799 (1912), we were presented with a statute that established a special and separate tribunal composed of Superior Court and Supreme Judicial Court justices to hear claims of corrupt practices in public elections. The statute conferred authority on the Chief Justice of the Supreme Judicial Court to designate members of that special tribunal. Id. at 390-91, 84 A. 799. We invalidated the statute because Maine’s Constitution forbids justices to also be members of inferior courts and because only the executive has the appointive power. Id. at 391-392, 84 A. 799. The legislative charter involved in this case does not establish a separate tribunal, nor does it require the Chief Justice to appoint a justice to an inferior court. Section 13(b) properly invokes the equitable jurisdiction of the Supreme Judicial Court acting through a single justice. See id. at 392, 84 A. 799.

II.

On the merits, CMP first argues that the Court erred as a matter of law in holding [1071]*1071that the water rights were owned by the State. CMP contends that the legislative charter leases the land, but grants outright a franchise to control and regulate the flow of the Dead River. Under its analysis, the value of the storage and flowage rights would not be included in the assessment of rent.

The meaning of legislation is derived from the language of the enactment:

The fundamental rule in statutory construction is that the legislative intent as divined from the statutory language controls the interpretation of the statute. Words in the statute must be given their plain, common and ordinary meaning unless the statute reveals a contrary intent. If the meaning of a statute is clear and the result achieved by that meaning is not illogical or absurd, there is no reason to look beyond its words.

Phelps v. President and Trustees of Colby College, 595 A.2d 403, 405 (Me.1991) (citations omitted). Furthermore, legislative franchises to persons or corporations are never construed to extend beyond the plain terms in which they are conferred. Davis v. Mattawamkeag Log Driving Co., 82 Me. 346, 350, 19 A. 828 (1890). In Davis, a dam company that received legislative authority to erect and maintain a dam at a specific location, constructed a dam four or five miles above that location. We held that it had exceeded its authority and could build a dam only at the specific location authorized by legislative charter; the presumption being that the legislature conferred only those rights it expressed. Id. at 350-51, 19 A. 828.

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Cite This Page — Counsel Stack

Bluebook (online)
640 A.2d 1067, 1994 Me. LEXIS 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-central-maine-power-co-me-1994.