An Act To Amend the Land Use Regulation Laws
Maine Legislature, Session 122, LD 0668
Committee: Judiciary
Sponsors: JOY, ANNIS, CLARK, RICHARDSON, SA VIELLO, THOMAS, VAUGHAN
Amends: 30-A MRSA §436

Legislative Document 
No. 668 
H.P.488 
House of Representatives, February 8, 2005 
An Act To Amend the Land Use Regulation Laws 
Reference to the Committee on Judiciary suggested and ordered printed. 
7J'/~ /J7. 7l/dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative JOY of Crystal. (BY REQUEST) 
Cosponsored by Representatives: ANNIS of Dover-Foxcroft, CLARK of Millinocket, 
RICHARDSON of Carmel, SA VIELLO of Wilton, THOMAS of Ripley, VAUGHAN of 
Durham. 
PrinIed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 30-A MRSA §436I is enacted to read: 
§4361. 
Just compensation 
1. 
Just 
compensation. 
If 
a 
municipality or 
the 
State 
enforces 
a 
land use regulation that restricts the use of or 
reduces 
the fair market value of private real property, 
the 
municipality 
or 
the 
State 
upon 
written 
demand 
pursuant 
to 
subsection 2 shall provide the owner of the property a 
remedy 
under subsection 4. 
2. Written demand. 
To receive just compensation under this 
section, an owner of real property affected by the enforcement of 
a 
land 
use 
regulation 
must 
make 
a 
written 
demand 
to 
the 
municipality or the State within 2 years of the effective date of 
this section or when the municipality or the State attempts to 
enforce the land use regulation, 
whichever is later. 
If the 
municipality 
or 
the 
State 
is still enforcing 
the 
land 
use 
regulation against the property 180 days after the written demand 
is made, the municipality or the State shall pay the owner just 
compensation calculated as of the date the written demand was 
made in an amount equal to the reduction of the fair market value 
of the property resulting from the enforcement of the regulation. 
A municipality or the State may 
adopt procedures to process 
written demands made under this section but may not use these 
procedures as a prerequisite for filing a written demand under 
this section or 
require 
a 
property 
owner 
to file 
a 
permit 
application to seek compensation under this section. 
3. Cause of action. 
If the municipality or the State does 
not pay just compensation or continues to enforce the land use 
regulation that is 
the 
subject of 
the written 
demand 
under 
subsection 
more than 180 days after the written demand was 
made, 
the property owner may file 
a 
cause of action in the 
District Court that has jurisdiction over the real property. 
A 
court may order a remedy under subsection 4 in a cause of action 
filed under this subsection. 
A property owner who files suit 
under this sUbsection is entitled to reasonable attorney's fees, 
costs and disbursements incurred in collecting the compensation. 
4. Remedies. 
A municipality or the State shall pay a demand 
or 
modify, 
remove 
or 
not 
enforce 
the 
land 
use 
regulation 
underlying a written demand under subsection 2 wi thin 180 days 
after the demand is made. 
If the municipality or the State does 
not provide a remedy under this subsection within 2 years after a 
written demand has been made, the demanding property owner may 
use 
the 
property 
as 
permitted 
when 
the 
owner 
acquired 
the 
property if the owner has not filed a 
cause of action under 
subsection 3. 
5. 
Exemptions. 
Exempted 
from this section are land use 
regulations that: 
A. 
Restrict or prohibit activities recognized as public 
nuisances under the common law; 
B. 
Protect public health and safety such as fire, life 
safety 
and 
building 
codes, 
health 
and 
sanitation 
regulations, 
solid 
and 
hazardous 
waste 
regulations 
and 
pollution control regulations; 
C. 
Are required to comply with federal law; 
D. 
Restrict or prohibit the selling of pornography or nude 
dancing; and 
E. 
Were enacted before the owner acquired the property or , 
if the owner inherited the property from a family member ,. 
the family member acquired the property. 
The exemptions in this subsection must be construed narrowly in 
favor of compensation of the property owner. 
SUMMARY 
This bill allows a property owner to seek just compensation 
from a municipality or the State if the municipality or the State 
enforces 
a 
land use regulation that restricts the use of or 
reduces the value of private real property. 
To 
receive just 
compensation, the property owner must file a written demand with 
the municipality or the State within 2 years of the enactment of 
this Act or the enforcement of the regulation, whichever comes 
later. 
If the municipality or State is still enforcing the 
regulation 
days 
after 
the written 
demand 
was 
made, 
the 
municipality or State owes the property owner just compensation 
in the amount of the reduction in value of the property at the 
time the written demand was made. 
A municipality or the State 
must either pay the demand or remove, modify or not enforce the 
land use regulation within 180 days after demand is made. If the 
property 
owner 
does 
not 
receive 
just 
compensation 
and 
the 
regulation is still being enforced 180 days after written demand 
was made, the owner may file a cause of action in District Court 
and receive attorney's fees, costs and disbursements. 
If after 2 
years the property owner does not receive just compensation, the 
owner may use the property as permitted when the owner acquired 
the property. 
This bill does 
not apply to regulations that 
restrict common-law nuisances, protect public health and safety, 
restrict or prohibit the selling of pornography or nude dancing 
or were enacted prior to the owner's or, if the property was 
inherited, 
the 
owner's 
family 
member's 
acquisition 
of 
the 
property.