Me. Rev. Stat. » Title 23
Maine Revised Statutes

Me. Rev. Stat. tit. 23, § 3023 (2026)

Eminent domain

✓ current as of May 2026
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A municipality may take property or interests therein for highway purposes if the municipal officers determine that public exigency requires the immediate taking of such property interests, or if the municipality is unable to purchase it at what the municipal officers deem reasonable valuation, or if title is defective.   [PL 1975, c. 711, §8 (NEW).]
In municipalities where the municipal officers have the legislative power of appropriation, the municipal officers shall file with the municipal clerk a condemnation order that includes a detailed description of the property interests to be taken, which shall specify its location by metes and bounds, the name or names of the owner or owners of record so far as they can be reasonably determined and the amount of damages determined by the municipal officers to be just compensation for the property or interest therein taken. The municipal officers shall then serve upon the owner or owners of record a copy of the condemnation order and a check in the amount of the damages awarded. In the event of multiple ownership, the check may be served on any one of the owners. Title shall pass to the municipality upon service of the order of condemnation and check or upon recordation in accordance with section 3024, whichever occurs first.   [PL 1975, c. 711, §8 (NEW).]
In towns where the town meeting has the legislative power of appropriation, the municipal officers shall file the condemnation order described in the previous paragraph with the town clerk and send a copy to the owner or owners of record by registered mail. No interest shall pass to the town unless an article generally describing the property interest to be taken and stating the amount of damages to be paid has been approved by a duly called town meeting. The town meeting may not amend the article, except to increase the amount of damages to be paid. If the article is approved, a check in the amount of damages authorized shall be served immediately upon the owner or owners of record. In the event of multiple ownership, the check may be served on any one of the owners. Title shall pass to the town upon service of the check or upon recordation in accordance with section 3024, whichever occurs first.   [PL 1975, c. 711, §8 (NEW).]
Unless specifically provided in the order of condemnation or unless the property or interests to be taken include land or right-of-way of a railroad corporation or a public utility, title to property taken for town ways after December 31, 1976, shall be in fee simple absolute.   [PL 1975, c. 770, §98 (RPR).]
In all proceedings under this section, an award of damages by the municipal legislative body shall be considered an appropriation for that purpose.   [PL 1975, c. 711, §8 (NEW).]
SECTION HISTORY
PL 1975, c. 711, §8 (NEW). PL 1975, c. 770, §§98,99 (AMD).
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Notes of Decisions
Cited in 18 cases, 1988–2018 · leading case: Paul v. Town of Liberty, 151 A.3d 924 (Me. 2016).
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Paul v. Town of Liberty, 151 A.3d 924 (Me. 2016). · cites it 2× “See 23 M.R.S. § 3023 (2015) (eminent domain); 23 M.”
Eaton v. Town of Wells, 2000 ME 176 (Me. 2000). · cites it 2× “The court found, however, that even though the Town argued this position at the time of the trial, the Town acknowledged at the time of the takings that the Eatons were the record owners.”
Frustaci v. City of South Portland, 879 A.2d 1001 (Me. 2005). “’ ” Section 3029 provides the authority for any landowner harmed by government action discussed in any provision in chapter 304 to seek a de novo determination of the entitlement to and appropriate amount of damages in the Superior Court following a municipality’s administrative…”
Larrabee v. Town of Knox, 2000 ME 15 (Me. 2000). “…or a public utility, title to property taken for town ways after December 31, 1976, shall be in fee simple absolute. 23 M.R.S.A. § 3023 (1992).”
Gay v. Dube, 2012 ME 30 (Me. 2012). “23 M.R.S. § 3023 (2011) (changing the common law so that roads created after December 31, 1976 are taken in fee simple absolute by the municipality unless otherwise indicated).”
Fuller v. Town of Searsport, 543 A.2d 361 (Me. 1988). “Section 4352, in turn, mandates that the eminent domain procedure for location of town ways set out in 23 M.R.S.A. § 3023 (1980) be followed. Section 3023 provides, in pertinent part: No interest shall pass to the town unless an article generally describing the property interest…”
J.A. Rapaport Fam. Ltd. P'ship v. City of Brewer, 877 A.2d 1077 (Me. 2005). “See 23 M.R.S.A. §§ 3023, 3029 (1992). [¶ 3] The Rapaports filed a complaint in the Superior Court seeking damages to make up the full value of the property taken as of the time of the taking and moved for a summary judgment.”
Northwoods Land Co. of Maine v. Kennebunk, Kennebunkport & Wells Water Dist., 868 A.2d 193 (Me. 2005). “23 M.R.S.A. § 3023 (1992). A person aggrieved by that determination may appeal to the Superior Court within sixty days.”
Bayberry Cove Child.'s Land Trust v. Town of Steuben, 180 A.3d 119 (Me. 2018). · cites it 5× “) affirming the Town of Steuben's taking of an interest in Rogers Point Road by eminent domain pursuant to 23 M.R.S. § 3023 (2017). 2 Contrary to the Trust's contentions, the taking is constitutional because it arose from a public exigency and is for public use.”
Smith v. Town of Gorham (Me. Super. Ct 2013). · cites it 5× “§ 3023, "[a] municipality may take property or interests therein for highway purposes if .”
Adam P. Paul v. Town of Liberty, 2016 ME 173 (Me. 2016). “In Frustaci, we held that a constitutionally significant taking is not required to pursue damages caused by municipal actions pursuant to chapter 304, id. ¶ 9, but we did not intend to create a cause of action for damages pursuant to section 3028 where one did not previously…”
Bayberry Cove Child.'s Land Trust v. Town of Steuben, 2018 ME 28 (Me. 2018). · cites it 4× “) affirming the Town of Steuben’s taking of an interest in Rogers Point Road by eminent domain pursuant to 23 M.R.S. § 3023 (2017).2 Contrary to the Trust’s contentions, the 1 Brian H.”
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