Eminent domain forum set

By Mike Lange
Staff Writer

    AUGUSTA — A public hearing will be held this week on a bill that would prohibit using eminent domain to acquire property when the entity is involved in a “public-private partnership”
    LD 1168, sponsored by Sen. Paul Davis (R-Sangerville), is on the Judiciary Committee’s agenda for Thursday, April 30 at 1 p.m.
    The legislation was introduced by Davis at the request of constituents concerned about the route of the proposed East-West highway, a 220-mile controlled-access road linking the New Brunswick and Quebec borders.

    While the exact route hasn’t been revealed, several communities in the Penquis Region have enacted moratoriums or rights-based ordinances to prevent construction of the route within their borders.
    While Davis’ bill doesn’t specifically mention the East-West highway, the road is the only construction project of this type being considered at this time.
    “The power of eminent domain is very powerful. I’ve had it used against me and my family,” Davis said.
    The Republican lawmaker said that several years ago, the town of Dexter took his grandfather’s house by eminent domain and the lot was eventually used for commercial development.
    “Then in 1992, the state took part of  some land I owned across from the Sangerville post office because they wanted to widen the road for a truck lane,” Davis said. “They still haven’t built it. I wish they’d sell it back to me. Eminent domain puts a lot of power in the hands of government.”
    The current law on eminent domain also has other drawbacks, Davis said. “One of the selling points the East-West highway folks have brought forth was that the towns would be able to tax the highway,” Davis said. “But with a private-public partnership, I seriously doubt that the government would tax itself.”
    Davis’ bill is cosponsored by Rep. Adam Goode (D-Bangor), Rep. Paul Chace (R-Durham), Rep. Dale Crafts (R-Lisbon), Rep. Stephen Stanley (D-Medway) and Rep. Stephen Wood (R-Sabattus).