SP0344, LD 1135, item 2, Document Text

Amend the bill in section 1 in §841 by striking out all of subsections 1 to 4 (page 1, lines 8 to 19 in L.D.) and inserting the following:

‘ 1. Land use regulation. "Land use regulation" means the following that are enacted after the effective date of this chapter:

A. Statutes regulating the use of land or any interest in land;

B. Municipal comprehensive plans and ordinances; and

C. Statutes and administrative rules regulating farming and forest practices.

2. Owner. "Owner" means the owner of property or any interest in property.

3. Public entity. "Public entity" means the State, a municipality or a county.’

Amend the bill in section 1 in §842 in subsection 1 in the 2nd line (page 1, line 22 in L.D.) by striking out the following: " or enforces a land use regulation enacted prior to" and inserting the following: ' after'

Amend the bill in section 1 in §842 in subsection 1 in the last line (page 1, line 25 in L.D.) by inserting after the following: " property" the following: ' by at least 50%'

Amend the bill in section 1 in §842 in subsection 3 in paragraph C (page 2, line 4 in L.D.) by inserting after the following: " law;" the following: ' or'

Amend the bill in section 1 in §842 in subsection 3 in paragraph D in the last line (page 2, line 8 in L.D.) by striking out the following: " Constitution; or" and inserting the following: ' Constitution.'

Amend the bill in section 1 in §842 in subsection 3 by striking out all of paragraph E (page 2, lines 9 to 11 in L.D.)

Amend the bill in section 1 in §842 by striking out all of subsection 5 (page 2, lines 16 to 24 in L.D.) and inserting the following:

‘ 5. Statute of limitations. For claims arising from land use regulations enacted on or after the effective date of this chapter, written demand for compensation under subsection 4 must be made within 2 years of the enactment of the land use regulation or the date the owner submits a land use application in which the land use regulation is an approval criteria, whichever is later.’

Amend the bill in section 1 in §842 in subsection 8 in the last 2 lines (page 2, lines 41 and 42 in L.D.) by striking out the following: " or inherited"

Amend the bill in section 1 in §842 in subsection 10 in the last line (page 3, line 8 in L.D.) by striking out the following: " or inherited"

summary

This amendment is the minority report of the Joint Standing Committee on Judiciary.

This amendment provides that compensation is due when land use regulations that are enacted after the effective date of this legislation reduce by at least 50% the fair market value of property or an interest in property.

FISCAL NOTE REQUIRED

(See attached)

SP0344 LD 1135	First Regular Session - 125th Maine Legislature C "A", Filing Number S-241, Sponsored by		LR 657 Item 2
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