Sec. 3. Authorized to erect dams and reservoirs; to cross navigable waters; to supply water to utilities. The Town of Bar Harbor, for the purposes in this Act, may erect and maintain all dams, reservoirs and structures necessary and convenient for its town purposes. The town may lay, construct and maintain its pipes and fixtures in, over and under navigable waters and build and maintain structures for the pipes and fixtures, subject to the laws of the United States. The town may supply water to any public utility now supplying water in Hancock County, subject to the consent of the Public Utilities Commission.

Sec. 4. Rights of eminent domain. The Town of Bar Harbor, for the purposes in this Act, may take and hold, as for public uses, real estate and personal estate and any interest in real estate and personal estate necessary or convenient for those purposes by purchase, lease or otherwise and may exercise the right of eminent domain as provided in this Act to acquire for those purposes any land or interest in land or water rights necessary for erecting and maintaining dams, plants and works, for flowage, power, pumping, supplying water through its mains; for reservoirs, preserving the purity of the water and watershed; for laying and maintaining aqueducts and other structures; for taking, distributing, discharging and disposing of water; and for rights-of-way or roadways to its sources of supply, dams, power stations, reservoirs, mains, aqueducts, structures and lands.

This section may not be construed as authorizing the town to take by right of eminent domain any of the property or facilities of any other public utility used, or acquired for future use, by the owner of that property or those facilities, in the performance of a public duty, except as expressly provided in section 10.

Sec. 5. Procedure if public utility must be crossed. In case of crossing of any public utility, unless consent is given by the company owning and operating the public utility as to place, manner and conditions of the crossing within 30 days after consent is requested by the Town of Bar Harbor, the Public Utilities Commission, upon petition by the town, shall determine the place, manner and conditions of the crossing, and all work on the property of the public utility must be done under the supervision and to the satisfaction of the public utility or as prescribed by the Public Utilities Commission, but at the expense of the town.

Sec. 6. Procedure in exercising of eminent domain. After the original acquisition for which provision is made in section

10, the Town of Bar Harbor, in exercising any right of eminent domain in the taking of land, interests in the land or water rights, shall file in the office of the county commissioners of Hancock County and recorded in the Hancock County Registry of Deeds plans of the location of all such property to be taken with an appropriate description and the names of the owners, if known. Notice of the filing must be sent by mail to the owners at the address appearing on the tax records of the municipality in which the land is located. When for any reason the town fails to acquire the property it is authorized to take, and which is described in that location, or if the location recorded is defective or uncertain, it may, at any time, correct and perfect that location and file a new description, and in such case the town is liable for damages only for property for which the owner had not previously been paid, to be assessed as of the time of the original taking, and the town is not liable for any acts that would have been justified if the original taking had been lawful. Entry may not be made on any private lands, except to make surveys, until the expiration of 10 days from that filing, at which time possession may be had of all lands, interests in the lands or water rights so taken, but title does not vest in the town until payment has been made.

Sec. 7. Adjustment of damages; procedure as in laying out of highways. If any person sustaining damages by any taking pursuant to the right of eminent domain does not agree with the Town of Bar Harbor upon the sum to be paid for the taking, either party, upon petition to the county commissioners of Hancock County, may have the damages assessed by them. The procedure and all subsequent proceedings and right of appeal are under the same restrictions, conditions and limitations as are or may be by law prescribed in the case of damages by the laying out of highways.

Sec. 8. Annual report. The Town of Bar Harbor shall make and publish an annual report of the income and expenses related to the collection and distribution of water. The report may be included in and published as part of the annual town report of the Town of Bar Harbor.

Sec. 9. Town authorized to make contracts. The Town of Bar Harbor, through its municipal officers, may contract with persons and corporations for the supply of water to those persons and corporations.

Sec. 10. Town authorized to acquire property and franchises of Bar Harbor Water Company. The Town of Bar Harbor, through its municipal officers, may acquire by purchase the stock of the Bar Harbor Water Company and the entire plant, properties, franchises, rights and privileges owned by the Bar Harbor Water Company, located within the Town of Bar Harbor, including all lands, waters,

water rights, reservoirs, pipes, machinery, fixtures, hydrants, tools and all apparatus and appliances used or usable in supplying water in the area of the town. The town may acquire by the exercise of the right of eminent domain, a right expressly delegated to the town for that purpose, the stock of the Bar Harbor Water Company and the entire plant, properties, franchises, rights and privileges, except cash assets and accounts receivable, owned by the Bar Harbor Water Company, including all lands, waters, water rights, dam structures, reservoirs, pipes, machinery, fixtures, hydrants, tools and all apparatus and appliances used or usable in supplying water in the area of the town, and if and when so acquired, the town, in addition to the powers conferred by this Act, is entitled to exercise all rights, privileges and franchises of the Bar Harbor Water Company.

In exercising the right of eminent domain under this Act the municipal officers shall file with the town clerk a condemnation order that includes a detailed description of the property interest to be taken, the name or names of the owner or owners of record as far as they can be reasonably determined and the amount of damages determined by the municipal officers to be just compensation for the property or interest in the property taken. The municipal officers shall then serve upon the owner or owners of record a copy of the condemnation order and a check in the amount of the damages awarded and record a certified copy of the condemnation order in the Hancock County Registry of Deeds. In the event of multiple ownership, the check may be served on any one of the owners. This title passes to the town upon service of the condemnation order and check or upon recordation in accordance with this Act, whichever occurs first. Acceptance and negotiation of the check do not bar an appeal under this Act.

Any person aggrieved by the determination of the damages awarded to owners of property or interests in the property under this Act may, within 60 days after service of the condemnation order and check, appeal to the Superior Court of Hancock County. The court shall determine damages by a verdict of its jury or, if all parties agree, by the court without a jury or by a referee or referees, and shall render judgment for just compensation, with interest when such is due, and for costs in favor of the party entitled to the costs. Appeal from the decision of the Superior Court may be made to the Law Court, as in other civil actions.

Sec. 11. Rates. Individuals, firms and corporations, whether private, public or municipal, shall pay to the treasurer or other designated officer of the Town of Bar Harbor the rates established by the municipal officers for the water used by them. The rates must be established in accordance with the Maine

Revised Statutes, Title 35-A, chapter 61 to provide for the purposes set forth in chapter 61.

Sec. 12. Existing laws not affected; rights conferred subject to provisions of law. Nothing contained in this Act is intended to repeal, or may be construed as repealing, the whole or any part of any existing law, and all the rights and duties mentioned in this Act must be exercised and performed in accordance with all the applicable provisions and amendatory acts to the Maine Revised Statutes, Title 35-A to the extent that Title 35-A and its amendments affect the operations of the Town of Bar Harbor.

Sec. 13. Separability clause. If any section or part of a section of this Act is held invalid by a court of competent jurisdiction, the holding does not affect the remainder of this Act, it being the intention that the remaining portions of this Act stand, notwithstanding the unconstitutionality or invalidity of any section, sentence, clause or phrase.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

SUMMARY

The Town of Bar Harbor has legislative authority to take real estate by eminent domain for public use. This legislation expands the eminent domain authority of the Town of Bar Harbor to include not only real property but also the personal property assets of the Bar Harbor Water Company. This bill allows the town to control water supply and distribution. The legislation contains an emergency preamble and emergency clause to make the law effective immediately.