| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. A-1. 1 MRSA §815, first ¶, as enacted by PL 2001, c. 328, §2, is | | amended to read: |
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| | | Notwithstanding any other provision of law, if an entity that | | has taken property by eminent domain fails to use the property | | for the project or purpose for which that property was taken, the | | condemnee or the condemnee's heirs have a right of first refusal | | to purchase the property as provided in this section. The right | | may be exercised at a price equal to the total compensation paid | | to the condemnee for the taking plus an adjustment for any | | improvements made to the property and for changes in inflation | based upon the Consumer Price Index as defined in Title 36, | section 5402, subsection 1 | | automatically terminates once the property is used for the | | project or purpose for which that property was taken. The | | purpose of a taking may be passive in nature, including | | conservation or preservation. As used in this section, "Consumer | | Price Index" means the average over a 12-month period of the | | National Consumer Price Index, not seasonally adjusted, published | | monthly by the United States Department of Labor, Bureau of Labor | | Statistics and designated as the "National Consumer Price Index | | for All Urban Consumers - United States City Average." |
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| | | Sec. A-2. 36 MRSA §3321, sub-§2, as enacted by PL 2001, c. 688, §8, is | | amended to read: |
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| | | 2. Method of calculation; inflation index defined. The | | inflation index for 2003 is 1.118, representing annual inflation | | adjustments for the years 1999 to 2002, inclusive. Starting in | | 2004 and every year thereafter, the inflation index is the | Consumer Price Index as defined in section 5402, subsection 1 | | the calendar year ending on the December 31st immediately | | preceding the calculation date, divided by the Consumer Price | | Index for the prior calendar year. As used in this subsection, | | "Consumer Price Index" means the average over a 12-month period | | of the National Consumer Price Index, not seasonally adjusted, | | published monthly by the United States Department of Labor, | | Bureau of Labor Statistics and designated as the "National | | Consumer Price Index for All Urban Consumers - United States City | | Average." |
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| | | Sec. A-3. 36 MRSA §5111, as amended by PL 1999, c. 521, Pt. B, §1 | | and affected by §11 and amended by c. 731, Pt. T, §§1 to 7, is | | repealed. |
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