Originally Posted by taxman48
Not true about only the state has the power of Eminent Domain:eminent domain
n. the power of a governmental entity (Federal, state, county or city government, school district, hospital district or other agencies) to take private real estate for public use, with or without the permission of the owner. The Fifth Amendment to the Constitution provides that "private property [may not] be taken for public use without just compensation."
Certain entities, even railroad companies and public utilities, have been granted
(note the operative language) some
of the state's eminent domain powers. In the case of the State of Maine, municipalities are expressly prohibited from taking land occupied by the landowner or his family. See the link.
. Thus, the town of Chester's Mill lacked the power to take Ollie's well because he was living on the land where the well was located. This discussion, though, is irrelevant to the dramatic thrust of the show, it seems to me. Under the dome, Big Jim is the most powerful public official and has done a very slick job of getting the townspeople to help him consolidate his power. Thus, it seems to me that whether Big Jim was technically empowered to take Ollie's well isn't very important in making what Big Jim tried to do believable.