Sec. 1. 30-A MRSA §4361 is enacted to read:

§4361.__Just compensation

1. Just compensation.__If a municipality or the State enforces a land use regulation that restricts the use of or reduces the fair market value of private real property, the municipality or the State upon written demand pursuant to subsection 2 shall provide the owner of the property a remedy under subsection 4.

2. Written demand.__To receive just compensation under this section, an owner of real property affected by the enforcement of a land use regulation must make a written demand to the municipality or the State within 2 years of the effective date of this section or when the municipality or the State attempts to enforce the land use regulation, whichever is later.__If the municipality or the State is still enforcing the land use regulation against the property 180 days after the written demand is made, the municipality or the State shall pay the owner just compensation calculated as of the date the written demand was made in an amount equal to the reduction of the fair market value of the property resulting from the enforcement of the regulation. A municipality or the State may adopt procedures to process written demands made under this section but may not use these procedures as a prerequisite for filing a written demand under this section or require a property owner to file a permit application to seek compensation under this section.

3. Cause of action.__If the municipality or the State does not pay just compensation or continues to enforce the land use regulation that is the subject of the written demand under subsection 2 more than 180 days after the written demand was made, the property owner may file a cause of action in the District Court that has jurisdiction over the real property. A court may order a remedy under subsection 4 in a cause of action filed under this subsection.__A property owner who files suit under this subsection is entitled to reasonable attorney's fees, costs and disbursements incurred in collecting the compensation.

4. Remedies.__A municipality or the State shall pay a demand or modify, remove or not enforce the land use regulation underlying a written demand under subsection 2 within 180 days after the demand is made.__If the municipality or the State does not provide a remedy under this subsection within 2 years after a written demand has been made, the demanding property owner may use the property as permitted when the owner acquired the