| Be it enacted by the People of the State of Maine as follows: |
|
| | Sec. 1. 1 MRSA c. 22 is enacted to read: |
|
| PRIVATE PROPERTY PROTECTION ACT |
|
| | This chapter may be known and cited as "the Private Property | Protection Act." |
|
| | 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 |
|
|