| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 1 MRSA c. 22 is enacted to read: |
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| | | PRIVATE PROPERTY PROTECTION ACT |
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| | | This chapter may be known and cited as "the Private Property | | Protection Act." |
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| | | As used in this chapter, unless the context otherwise | | indicates, the following terms have the following meanings. |
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| | | 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. |
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| | | 2.__Owner.__"Owner" means the individual, business, | | corporation or other legal entity that holds legal title to | | the property. |
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| | | 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%. |
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| | | 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. |
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| | | §843.__Regulatory takings |
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| | | 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. |
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| | | 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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