ELR Citation: ELR 20594
No(s). 714 (Me. Sep 9, 1971)

Urban Renewal Authority exercising delegated police power may require a public utility to relocate electric transmission wires underground in area of a planned renewal project, without compensating the utility for the cost of the relocation. Permits to utilities for use of such areas may be conditioned by a valid exercise of the police power. Renewal of blighted urban areas is a proper purpose for exercise of the police power. The Authority's exercise of the police power was not arbitrary although it considered aesthetics as well as safety in determining that utility lines had to be located underground.

Counsel for Central Maine Power Co.:
Bradford H. Hutchins
Weeks, Hutchins, Frye & Welch
2 Park Place
Waterville, ME 04901
(207) 872-2783

William M. Finn
Central Maine Power Co.
9 Green Street
Augusta, ME 04330
(207) 623-3251

Counsel for Waterville Urban Renewal Authority:
Lester Jolovitz
William P. Niehoff
Elm & Winter Streets
Waterville, ME 04901

MARDEN, J. sat at argument but retired before the decision was rendered.