| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 1 MRSA §815, first ¶, as enacted by PL 2001, c. 328, §2, is | | amended to read: |
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| | | Notwithstanding any other provision of law, if an entity | | that has taken property by eminent domain fails to use the | | property for the project or purpose for which that property | | was taken, the condemnee or the condemnee's heirs have a right | | of first refusal to purchase the property as provided in this | | section. The right may be exercised at a price equal to the | | total compensation paid to the condemnee for the taking plus | | an adjustment for any improvements made to the property and | | for changes in inflation based upon the Consumer Price Index | as defined in Title 36, section 5402, subsection 1 | | of first refusal automatically terminates once the property is | | used for the project or purpose for which that property was | | taken. The purpose of a taking may be passive in nature, | | including conservation or preservation. As used in this | | section, "Consumer Price Index" means the average over a 12- | | month period of the National Consumer Price Index, not | | seasonally adjusted, published monthly by the United States | | Department of Labor, Bureau of Labor Statistics and designated | | as the "National Consumer Price Index for All Urban Consumers | | -- United States City Average." |
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| | | Sec. 2. 36 MRSA §3321, sub-§2, as enacted by PL 2001, c. 688, §8, is | | amended to read: |
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| | | 2. Method of calculation; inflation index defined. The | | inflation index for 2003 is 1.118, representing annual | | inflation adjustments for the years 1999 to 2002, inclusive. | | Starting in 2004 and every year thereafter, the inflation | index is the Consumer Price Index as defined in section 5402, | subsection 1 | | immediately preceding the calculation date, divided by the | | Consumer Price Index for the prior calendar year. As used in | | this subsection, "Consumer Price Index" means the average over | | a 12-month period of the National Consumer Price Index, not | | seasonally adjusted, published monthly by the United States | | Department of Labor, Bureau of Labor Statistics and designated | | as the "National Consumer Price Index for All Urban Consumers | | -- United States City Average." |
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| | | Sec. 3. 36 MRSA §5111, as amended by PL 1999, c. 731, Pt. T, §§2 | | to 7, is repealed. |
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| | | Sec. 4. 36 MRSA §5111-A, as repealed and replaced by PL 1987, c. | | 819, §3, is repealed. |
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| | | Sec. 5. 36 MRSA §5111-C is enacted to read: |
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