Sen. Curry bill to protect property owners and improve Maine’s eminent domain laws receives unanimous, bipartisan support in committee

Posted: March 18, 2024 | Energy, Utilities and Technology, Senator Curry

Augusta — On Thursday, March 14, a bill by Sen. Chip Curry, D-Belfast, received unanimous, bipartisan support from the Committee on Energy, Utilities and Technology (EUT). The amended version of LD 2087, now titled “An Act to Protect Property Owners by Making Certain Changes to the Laws Governing the Use of Eminent Domain by Transmission and Distribution Utilities,” would establish protections for property owners, ensuring a more just, transparent and responsible process for siting energy infrastructure.

The research and collaboration from a broad stakeholder working group played a crucial role in crafting this legislation. Over the course of three meetings led by Sen. Curry, representatives of rural property owners, the Public Utilities Commission, and environmental organizations, as well as other key stakeholders, discussed an array of possible solutions to discourage the use of eminent domain and ensure property owners in the transmission line development process. This inclusive approach facilitated a rich dialogue, enabling Sen. Curry to propose a consensus amendment to the EUT Committee. 

“I’m very proud that we were able to reach common ground and advance significant legislative protections for property owners and promote responsible energy development,” said Sen. Curry. “I am so thankful the Committee on Energy Utilities and Technology took this issue, and the concerns of rural property owners, so seriously. The committee knew that we needed to get these protections passed this session, and they worked very hard to get a unanimous vote.”

As amended, LD 2087 introduces several significant property owner protections. These measures include:

  • Notices and education for landowners: Landowners will receive clear notices and educational materials if their land is affected by or abutting a proposed route. These notices will ensure landowners understand their rights and highlight all the opportunities for public participation. They must be sent this information via certified mail, which will be paid for by the developer.
  • Offers must be for an easement and for purchase of the whole property: If utilities need to use private land, they must provide two compensation offers to the landowner – one for the whole property and another for just the part they need, also called an easement. Landowners can then decide if they would prefer to sell all of their land or agree to the easement.
  • Minimize the need for crossing private land: The Bureau of Parks and Lands must establish rules that allow transmission lines to cross certain public lands and avoid private lands.
  • Utility pays for legal and expert fees: If a utility takes land through eminent domain, they’re responsible for covering the landowner’s legal and expert fees under certain conditions.
  • Community meetings for new projects: Developers must hold public meetings to discuss new transmission line projects before applying for permits, ensuring community voices are heard.
  • Public involvement in environmental decisions: The Board of Environmental Protection must hold public hearings for new transmission line licenses, allowing community input.

LD 2087 now faces votes in the Senate and House.