Maine § 1 §816 Limitations on eminent domain authority

Maine Statutes

§ 1 §816 — Limitations on eminent domain authority

Maine § 1 §816

Title 1GENERAL PROVISIONS

Ch. 21EMINENT DOMAIN

This text of Maine § 1 §816 (Limitations on eminent domain authority) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 1, § 1 §816 (2026).

Text

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:

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.

3.Utilities exception. Subsection 1 does not limit the exercise of emine

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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:
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.
3.
Utilities exception.

Subsection 1 does not limit the exercise of eminent domain by or for the benefit of public utilities or other entities engaged in the generation, transmission or distribution of telephone, gas, electric, water, sewer or other utility products or services.
4.
Governmental purposes not affected.
Nothing in this section may be interpreted to prohibit a municipal or county governing body from exercising the power of eminent domain for purposes not otherwise prohibited by subsection 1.