124th MAINE LEGISLATURE
		LD 1207		LR 1468(01)
	An Act To Base the Value of Eminent Domain Takings on Going Concern Value
	Preliminary Fiscal Impact Statement for Original Bill
	Sponsor: Rep. Giles of Belfast
	Committee: Judiciary
	Fiscal Note Required: Yes
Preliminary Fiscal Impact Statement
			2009-10	2010-11	Projections 2011-12	Projections 2012-13
Net Cost (Savings)
	General Fund		$138,113	$184,150	$184,150	$184,150
	Highway Fund		$927,200	$840,500	$840,500	$840,500
Appropriations/Allocations
	General Fund		$138,113	$184,150	$184,150	$184,150
	Highway Fund		$927,200	$840,500	$840,500	$840,500
Fiscal Detail and Notes
	This legislation establishes criteria for determination of compensation for loss or impairment of the going concern value of a business when the property is taken by the Department of Transportation by eminent domain.  The Department of Transportation will require a Highway Fund allocation of $927,200 in fiscal year 2009-10 and $840,500 in fiscal year 2010-11.  This amount includes expected increased legal fees due to this legislation, appraisal costs, consultant costs and training.  It also includes an estimated Capital Expenditures funding allocation of $300,000 per year for compensation of loss or impairment to businesses.  This estimate is based upon 10.7% of total acquisition cost.  The Executive Department will also require a General Fund appropriation of $138,113 in fiscal year 2009-10 and $184,150 in fiscal year 2010-11 to contract for business damage ombudsman services.