LD 886
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LD 886 Title Page An Act To Require State Reimbursement When Laws or Rules Devalue Private Proper... Page 2 of 3
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LR 1456
Item 1

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

 
Sec. 1. 1 MRSA c. 22 is enacted to read:

 
CHAPTER 22

 
PRIVATE PROPERTY PROTECTION ACT

 
§841.__Short title

 
This chapter may be known and cited as "the Private Property
Protection Act."

 
§842.__Definitions

 
As used in this chapter, unless the context otherwise
indicates, the following terms have the following meanings.

 
1.__Implementation of regulation.__"Implementation of a
regulation" means the rendering of a final administrative
decision on an application for decision under a regulation,
the occurrence of the effective date of a regulation, or any
other application of the regulation to a piece of property.

 
2.__Owner.__"Owner" means the individual, business,
corporation or other legal entity that holds legal title to
the property.

 
3.__Preregulatory fair market value.__"Preregulatory fair
market value" means the fair market value of a piece of
property on the day before the implementation of a regulation
caused the property value to fall by at least 25%.

 
4.__Regulation.__"Regulation" means any law, rule or
ordinance that directly or indirectly affects the value of
property, including a land use or zoning ordinance or law.

 
§843.__Regulatory takings

 
1.__Regulatory takings.__For purposes of this Act, whenever
implementation of a regulation by the State reduces the fair
market value of real property by at least 25% of its
preregulatory fair market value, the property is deemed to be
taken for the use of the public.

 
2.__Purchase or compensation required.__The owner of
property deemed to be taken under subsection 1 may file a
petition in Superior Court in the district in which the
property is located to require the State to purchase the
property at the preregulatory fair market value or to pay
compensation for the


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