123rd MAINE LEGISLATURE
		LD 960		LR 799(02)
	An Act To Base Value in Eminent Domain Takings of Businesses on Going Concern Value
	Fiscal Note for Bill as Amended by Committee Amendment "     "
	Committee: Judiciary
	Fiscal Note Required: Yes
Fiscal Note
State Mandate - Exempted
			2007-08	2008-09	Projections 2009-10	Projections 2010-11
Net Cost (Savings)
	Highway Fund		$475,000	$910,000	$910,000	$910,000
Appropriations/Allocations
	Highway Fund		$475,000	$910,000	$910,000	$910,000
State Mandates
	Required Activity				Unit Affected	Costs
	The requirements that municipalities hire licensed appaisers in certain eminent domain proceedings and that appraisals encompass determination of the going concern value of a business would represent state mandates.  Costs for damages could be high.  Any related activities (letters, meetings, site visits, legal services, staff time, etc.) necessary to the accomplishment of the new criteria would be considered mandated activities as well, even if the costs of those activities are minor.  Pursuant to inclusion of the mandate preamble, a two-thirds vote of the members elected to each House exempts the State from the constitutional requirement to fund 90% of the additional costs.				Municipality	Significant
Fiscal Detail and Notes
	This bill includes Highway Fund allocations of $475,000  and $910,000 in fiscal years 2007-08 and 2008-09, respectively, for the Department of Transportation to cover the costs of certain changes in the requirements of eminent domain proceedings.