RESOLUTION, Proposing an Amendment to the Constitution of Maine To Permit the Legislature To Allow the Current Use Valuation of Waterfront Land Used for or That Supports Commercial Fishing Activities
Constitutional amendment. Resolved: Two thirds of each branch of the Legislature concurring, that the following amendment to the Constitution of Maine be proposed:
Constitution, Art. IX, §8, sub-§2 is amended to read:
2. Assessment of certain lands based on current use; penalty on change to higher use. The Legislature shall have power to provide for the assessment of the following types of real estate whenever situated in accordance with a valuation based upon the current use thereof and in accordance with such conditions as the Legislature may enact:
A. Farms and agricultural lands, timberlands and
woodlands;
B. Open space lands which are used for recreation or the
enjoyment of scenic natural beauty; and
C. Lands used for game management or wildlife sanctuaries.;
and
D. Waterfront land that is used for or that supports
commercial fishing activities.
In implementing paragraphs
A, B and, C and D, the Legislature shall provide that any
change of use higher than those set forth in paragraphs A, B and,
C and D, except when the change is occasioned by a transfer resulting from the
exercise or threatened exercise of the power of eminent domain, shall result in the
imposition of a minimum penalty equal to the tax which would have been imposed over the 5
years preceding that change of use had that real estate been assessed at its highest and
best use, less all taxes paid on that real estate over the preceding 5 years, and
interest, upon such reasonable and equitable basis as the Legislature shall determine. Any
statutory or constitutional penalty imposed as a result of a change of use, whether
imposed before or after the approval of this subsection, shall be determined without
regard to the presence of minerals, provided that, when payment of the penalty is made or
demanded, whichever occurs first, there is in effect a state excise tax which applies or
would apply to the mining of those minerals.
Constitutional referendum procedure; form of question; effective date. Resolved: That the municipal officers of this State shall notify the inhabitants of their respective cities, towns and plantations to meet, in the manner prescribed by law for holding a statewide election, at a statewide election, on the Tuesday following the first Monday of November following the passage of this resolution, to vote upon the ratification of the amendment proposed in this resolution by voting upon the following question:
"Do you favor amending the Constitution of Maine to permit the Legislature to authorize waterfront land used for commercial fishing activities to be assessed based on the land's current use in a manner similar to treatment now available for farms, open space and forestland?"
The legal voters of each city, town and plantation shall vote by ballot on this question and designate their choice by a cross or check mark placed within the corresponding square below the word "Yes" or "No." The ballots must be received, sorted, counted and declared in open ward, town and plantation meetings and returns made to the Secretary of State in the same manner as votes for members of the Legislature. The Governor shall review the returns and, if it appears that a majority of the legal votes are cast in favor of the amendment, the Governor shall proclaim that fact without delay and the amendment becomes part of the Constitution of Maine on the date of the proclamation; and be it further
Secretary of State shall prepare ballots. Resolved: That the Secretary of State shall prepare and furnish to each city, town and plantation all ballots, returns and copies of this resolution necessary to carry out the purposes of this referendum.
Effective pending referendum.
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