LD 1550
pg. 1
LD 1550 Title Page An Act to Bring the Takings Law into Compliance with the Constitution of Maine ... LD 1550 Title Page
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LR 1793
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. Federal and state court decisions regarding constitutional takings. The
State and political subdivisions of the State shall comply with
the legal principles set forth in the following state and federal
court cases that address constitutional takings issues in all
situations involving real property, including the taking or
purchase of rights-of-way and easements:

 
1. Cordeco Development Corp. v. Vasquez (354 F. Supp. 1355,
1972);

 
2. Dolan v. Tigard (512 U.S. 687, 1994);

 
3. Hafer v. Melo (502 U.S. 21, 1991);

 
4. Nollan v. California Coastal Commission (483 U.S. 825,
1987);

 
5. Florida Rock Industries Inc. v. United States (18 F.3d
1560, Fed. Cir. 1994);

 
6. Pennsylvania Coal Co. v. Mahon (260 U.S. 393, 1922);

 
7. Armstrong v. United States (364 U.S. 40, 1960);

 
8. First English Evangelical Lutheran Church of Glendale v.
Los Angeles County, CA. (482 U.S. 304, 1987);

 
9. Chicago B. & Q. R. Co. v. Chicago (166 U.S. 226, 1897); and

 
10. State of Maine v. Johnson (265 A2d 711, Maine 1970).

 
SUMMARY

 
This bill requires the State and its political subdivisions to
comply with the constitutional takings principles espoused in
several state and federal court cases in all situations involving
real property, including the taking or purchase of rights-of-way
and easements.


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