Whereas, the recent United States Supreme Court decision makes it clear that state laws must protect the property rights of individuals and businesses; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 1 MRSA §816 is enacted to read:

§816.__Absolute necessity required

Notwithstanding any law to the contrary, the State, a political subdivision of the State or any other entity with eminent domain power may not take private property unless the taking is an absolute necessity to carry out the public purpose for which the property is being taken.

Sec. 2. 1 MRSA §817 is enacted to read:

§817.__Limitation on taking

When the State, a political subdivision of the State or any other entity with eminent domain power takes private property on which a business is located, the property acquired must be the minimum amount necessary to carry out the public purpose and to maximize the ability of the business to continue.

Sec. 3. Application. Notwithstanding the Maine Revised Statutes, Title 1, section 302, this Act applies to every exercise of eminent domain power in which the terms of the taking, including the determination of the amount of compensation, have not been finally determined as of the effective date of this Act.

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