Sec. 1. 23 MRSA §154, sub-§2, ¶F-1 is enacted to read:

F-1.__For a business established for more than 4 years that is located on land that is the subject of the proceedings, or located on adjoining lands if that business owns the land that is the subject of the proceedings, the direct and proximate decrease in the value of the business on the property as well as lost profits and lost income;

Sec. 2. 23 MRSA §154, sub-§3, ¶C-1 is enacted to read:

C-1.__For a business established for more than 4 years that is located on land that is the subject of the proceedings, or located on adjoining lands if that business owns the land that is the subject of the proceedings, the direct and proximate decrease in the value of the business on the property as well as lost profits and lost income;

Sec. 3. 30-A MRSA §3101, sub-§3 is enacted to read:

3.__Just compensation for established businesses.__Just compensation paid by the municipality must include compensation for damages to a business established for more than 4 years that is located on land that is the subject of the proceedings or located on adjoining lands if that business owns the land that is the subject of the proceedings.__These damages must include the direct and proximate decrease in the value of the business on the property as well as lost profits and lost income.

Sec. 4. 30-A MRSA §5204, sub-§10 is enacted to read:

10.__Just compensation for certain businesses.__For the purposes of eminent domain proceedings, just compensation for a business established for more than 4 years that is located on land that is the subject of the proceedings or located on adjoining lands if that business owns the land that is the subject of the proceedings must include the direct and proximate decrease in the value of the business on the property as well as lost profits and lost income.

SUMMARY

This bill provides that in certain eminent domain proceedings, established businesses are entitled to compensation for the loss of business profits and income resulting from the