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Control of Property –
Eminent Domain
•for the protection and welfare of the State and its inhabitants…
•
•[required] as a matter of public necessity or convenience…may take possession of any real or personal property located within the State for public uses…
•
•reasonable compensation to the owners…
•
•owner may appeal in Superior Court within 6 years of the taking.
• 37-B M.R.S.A. §821
Speaking Points

The U.S. Constitution, 5th Amendment provides that the government not “take” private property for public use without some compensation to property owners.

Both statute and regulations in Maine mention eminent domain as a tool for the control of property in an extreme public health emergency.

Generally, title 37-B M.R.S.A. §821 sets forth the requirements for when the state may take compensation and appeal (remember: due process)