Sec. 1. 35-A MRSA §3136, sub-§1, as amended by PL 1999, c. 398, Pt. A, §51 and affected by §§104 and 105, is further amended to read:

1. Land necessary for location of transmission lines carrying 5,000 volts. Any transmission and distribution utility may take and hold by right of eminent domain lands and easements necessary for the proper location of its transmission lines that are designed to carry voltages of 5,000 volts or more and of necessary appurtenances, located within the territory in which the utility is authorized to do public utility business, in the same manner and under the same conditions as set forth in chapter 65.

Sec. 2. 35-A MRSA §3136, sub-§2, śC, as amended by PL 2001, c. 608, §2, is further amended to read:

C. Lands or easements so closely paralleling existing wire lines of other utilities that the proposed transmission lines would substantially interfere with service rendered over the existing lines, except with the consent approval of the owners commission;

Sec. 3. 35-A MRSA §3136, sub-§5 is enacted to read:

5. Change in use; prohibition.__A transmission and distribution utility may not use property that it acquires through the exercise of eminent domain, or property that it acquires by other means but that it had authority to take by eminent domain, for any purpose other than the purpose for which the property was acquired and may not sell, lease, convey or otherwise transfer its interest in that property to any other entity, including but not limited to an affiliate of the transmission and distribution utility, without the permission of the commission.

SUMMARY

This bill:

1. Removes the territorial limit in which a transmission and distribution utility may exercise eminent domain to take land for transmission lines;

2. Changes current law from requiring the permission of line owners to requiring the permission of the Public Utilities