Purpose
This information is for our neighbors and other affected property owners in the vicinity of our improvement projects. Here you will find an overview of our policies regarding acquisition of rights to construct our projects. It is the mission of the Turnpike to provide the highest quality of construction, at a reasonable cost, with the least impact to adjacent properties and our patrons.
Goals
The Maine Turnpike Authority's (MTA) priorities in acquisition of property are to respect all landowners whom which we deal with, to follow all applicable laws and regulations, and to acquire property through a negotiated purchase, rather than the use of the power of eminent domain.
Respect for Property Owners
The MTA will strive to ensure that Landowners are fully informed of the acquisition process and their rights in that process, and that they are satisfied with the responsiveness of MTA personnel in their communications. This will be done by the following means:
Project Development
- Property that may be required for a project will be determined through professional property research and data collection regarding the boundaries of each potential acquisition.
- Project design will strive to minimize overall property impacts through adjustments that are deemed practicable.
- Property owners will be provided with the draft project schedule and information, and will be kept informed of progress and important issues throughout the duration of the project.
Communication
- Contact with property owners will first be made by letter. If no response is received within a reasonable time, we will attempt to contact by phone.
- The MTA Right of Way agent will make all reasonable efforts to personally meet with all property owners at the property owner’s convenience, as soon as possible after first contact with the property owner. During this meeting the property owner will be acquainted with the project in general, any property or property rights that may be required from them for the project, and any other impacts that the project might have upon their property.
Offer of Just Compensation and Negotiation
MTA will prepare and present an offer of Fair Market Value as determined by a Certified Maine Appraiser. For the acquisition of temporary rights, easements or fee acquisitions that are determined by the Right of Way department to be de minimus, an appraisal will not be done initially to determine the preliminary offer.
MTA always attempts to acquire property by negotiation initially. Land Owners that feel the offer presented by MTA is unfair are encouraged to make a counter offer. This is usually presented in the form of an appraisal by a Maine Certified Appraiser. The value of the property is determined through the appraisal process by Fair Market Value, which is the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably and assuming the price is not affected by undue stimulus.
Eminent Domain
If negotiations cannot produce a mutually agreeable compensation for the property acquired, MTA will acquire the necessary land by condemnation, or Eminent Domain. Please refer to the
MTA Property Acquisition Policy regarding this process.
All property acquisition by MTA is done in accordance with applicable Federal and State law.