‘ 7. Takings variance. "Takings variance" means a decision by the State to permit departure from the requirements of a regulation that imposes a regulatory taking.’
| SP0124 LD 309 |
Session - 127th Maine Legislature C "A", Filing Number S-124, Sponsored by
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LR 978 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill in Part A in section 1 in §851 by inserting after subsection 6 the following:
Amend the bill in Part A in section 1 in §851 by renumbering the subsections to read consecutively.
Amend the bill in Part A in section 1 by striking out all of §856 (page 3, lines 1 to 7 in L.D.) and inserting the following:
‘ § 856. Relief
Damages or a takings variance is available as relief for a regulatory taking, at the option of the State.
Amend the bill in Part A in section 1 in §859 in subsection 5 by striking out all of paragraphs C and D (page 4, lines 39 and 40 and page 5, lines 1 and 2 in L.D.) and inserting the following:
summary
This amendment adds a takings variance as an option for the State when a property owner's land is subject to a regulatory taking. A takings variance is a decision by the State to permit departure from the requirements of a regulation. If a fact finder determines that a regulatory taking has occurred, the State must choose between paying damages to the property owner, as provided in the bill, and granting a takings variance. Granting a takings variance means that the regulation causing the regulatory taking may not be applied to the property.
The State may also grant a takings variance as a settlement offer as part of the mandatory mediation process.