125th MAINE LEGISLATURE
LD 1135 LR 657(02)
An Act To Protect the Rights of Property Owners
Fiscal Note for Bill as Amended by Committee Amendment "   "
Committee: Judiciary
Fiscal Note Required: Yes
             
Fiscal Note
Potential current biennium cost increase - General Fund
Correctional and Judicial Impact Statements
Increases judicial branch case-loads.
The collection of additional filing fees may also increase General Fund revenue by minor amounts.
Fiscal Detail and Notes
This bill requires all public entities at the municipal, county and state level to compensate landowners who present a demand letter and/or subsequently pursue the private right of action granted by this bill in response to land use regulations enacted or applied in such a manner as to allegedly cause a diminution of value by at least 50% in any real property interest.  The bill provides for reimbursement of reasonable attorney's fees, expenses, costs and other disbursements incurred to collect such compensation in a Superior Court action, but does not specify whether the owner bringing such suit must prevail in the action in order to be entitled to reasonable fees and costs.  
Any demands for compensation or civil actions brought pursuant to the provisions of this bill could result in significant costs to the General Fund or to local units of government.  Government entities do have the ability to avoid paying compensation by modifying, removing or not applying the land use regulation that caused the demand for compensation.  As it cannot be predicted what decisions will be made to limit the amount of compensation that may be paid, no estimate of cost to the General Fund is made at this time.