Blanchard v. Department of Transportation

SAUFLEY, C.J.,

with whom ALEXANDER, J., joins, dissenting.

[¶ 40] It is the responsibility of the courts to assure that government does not abuse its extraordinary power to take the private property of its citizens against their wishes. Because the taking in this case is for the benefit of identifiable private individuals, the taking does not satisfy the public use requirement of the Maine Constitution. Therefore, I must respectfully dissent.

[¶ 41] It is well established that, without the consent of the property owner, the government may only exercise its power of eminent domain when the…