An Act To Protect the Rights of Property Owners
Sec. 1. 1 MRSA c. 22 is enacted to read:
PROTECTION OF RIGHTS OF PROPERTY OWNERS
§ 851. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 852. Taking of private property
A public entity may not create a taking without providing compensation to the owner. A public entity may not enact a land use regulation without a provision for compensation to an affected owner if the land use regulation will create a taking. Except as provided in section 853, subsection 8, a public entity may not enforce a land use regulation that creates a taking without first providing compensation to an affected owner.
§ 853. Remedy
This bill requires that any entity enacting or enforcing a land use regulation that creates a taking of privately owned land, defined as a reduction in fair market value of the land, provide compensation in the amount of the reduction in fair market value to the owner of the land or repeal or not enforce the regulation against that owner. The bill provides a remedy and cause of action for owners of privately owned land who are subject to a taking by a land use regulation, with a statute of limitations of 3 years of the effective date of this legislation or when a land use regulation creating a taking is used as a criterion for approval of a land use permit application by an owner of privately owned land, whichever comes later. Exceptions to the compensation requirements include common law nuisances, public health and safety protections, regulations enacted prior to the date of acquisition of the property by the owner or a family member of the owner and regulations consistent with the original intent of the United States Constitution and the Constitution of Maine.