An Act To Implement Recommendations of the Committee To Review Issues Dealing with Regulatory Takings
Maine Legislature, Session 125, LD 1810
Committee Amendment CA_B_H922 (House)
Amends: 2 MRSA §8, 4 MRSA §18-B, 5 MRSA §8056

COMMITTEE AMENDMENT :B" to H.P. l334, L.D. 1810, Bill, "An Act To 
Implement Recommendations of the Committee To Review Issues Dealing with 
Regulatory Takings" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'PART A 
Sec. A-I. 1 MRSA c. 22-A is enacted to read: 
§8S1. Definitions 
CHAPTER 22-A 
REGULATORY TAKINGS 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Affiliate. "Affiliate" means a legal person that is related to another corporation by 
one owning shares of the other, by common ownership or by other means of control. 
2. Fact finder. "Fact finder" means a jury or, if the right to a jury is waived, the 
court. 
3. Property owner. "Property owner" means the holder of legal or equitable title to 
an interest in real property. "Property owner" does not include a governmental entity. 
4. 
Real property. 
"Real property" means land and any appurtenances or 
improvements to the land. 
S. Regulation. "Regulation" means any law, rule, ordinance or other governmental 
limitation imposed by the State or a state agency on the use of real property. 
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6. Regulatory taking. "Regulatory taking" means a burden caused by regulation 
imposed on a property owner's use of the property owner's real property resulting in a 
diminution in fair market value of 50% or greater. 
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. 
8. Underlying governmental land use action. "Underlying governmental land use 
action" means a regulatory proceeding preceding mediation pursuant to section 831 in 
which a property owner seeks and fails to obtain governmental approval for a use of that 
property owner's real property and in which the property owner has a right to judicial 
review under Title 5, section 1101 due to either a final agency action or the failure or 
refusal of an agency to act. 
§852. Right to jUry trial 
There is a right to trial by jury in any action brought under this chapter. 
§853. When a regulatory taking occurs 
If the right to use, divide, sell, occupy or possess real property is reduced by the 
enactment or application of any regulation, the property owner may seek relief in 
accordance with the provisions of this chapter. 
1. Determination. A property owner is entitled to a determination by the fact finder 
as to whether a regulatory taking has occurred upon the submission of prima facie 
evidence, supported by a professional appraisal, of a diminution in the fair market value 
of real property of 50% or greater caused by regulation. 
2. Factors to be weighed. After a prima facie showing has been made under 
subsection I, in determining whether a regulatory taking has in fact occurred, the fact 
finder shall weigh 3 factors: 
A. The extent of the diminution in fair market value of the real property caused by 
the regulation; 
B. The reasonable investment-backed expectations of the property owner at the time 
of acquisition or immediately prior to the implementation of the regulation at issue, 
whichever is later, under the regulations then in effect and under common law; and 
C. The character of the use regulated. 
3. 
Cause of action cumulative. 
This section provides a cause of action for 
governmental actions that do not rise to the level of a taking under the Constitution of 
Maine or the United States Constitution. The remedies provided under this section are 
cumulative and do not abrogate any other remedy lawfully available, including any 
remedy lawfully available for governmental actions that rise to the level of a taking under 
the Constitution of Maine or the United States Constitution. 
§854. Entire parcel 
For the purposes of this chapter, the diminution of fair market value of real property 
caused by a regulation must be measured by the diminution of the fair market value of the 
entire contiguous parcel owned in whole or in part by the property owner and its affiliates 
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and not merely the portion of any such parcel to which the regulation directly applies. A 
property owner whose entire contiguous parcel, along with that of its affiliates, has not 
been diminished by at least 50% is not entitled to relief under this chapter. 
§855. Excluded regulations 
The cause of action established under section 853 does not apply to the following 
regulations, narrowly construed: 
1. Nuisance. Regulations restricting or prohibiting activities recognized as public 
nuisances under common law; 
2. Public health and safety. Regulations restricting or prohibiting activities for the 
protection of public health and safety, such as fire and building codes and health and 
sanitation regulations; 
3. Compliance with federal law. Regulations required to comply with federal law; 
4. Prospective application. Regulations enacted prior to August 1,2013. 
§856. Relief 
Damages or a takings variance is available as relief for a regulatory taking, at the 
option of the State. 
1. Damages. If the State chooses to pay damages, the fact finder shall award the 
property owner an amount it determines comprises the diminution in fair market value 
caused by regulation, and title in the real property remains with the property owner. 
Payment of damages pursuant to this section operates to grant to and vest in the State the 
right to enforce the regulation as to the real property. Damages are limited to damages 
pursuant to Title 14, section 8105, subsection 1. 
2. Takings variance. If the State chooses to grant a takings variance, the regulation 
causing the regulatory taking may not be applied to the real property upon which a 
regulatory taking would otherwise occur. 
§857. Limitations 
1. Time period to sue. An action or proceeding may not be brought or maintained 
under section 853 unless commenced within 3 years after the cause of action first accrues. 
2. Accrual. A cause of action accrues on the date that regulation first limits the use 
of the real property that a property owner claims has been subject to a regulatory taking. 
3. Multiple regulations. If an action under section 853 is based on the cumulative 
impact of multiple regulations, each regulation must have been enacted after the effective 
date of this chapter. 
4. Tolling. The limitations period is tolled during the period of mandatory mediation 
under section 859 and during the period of any relevant underlying governmental land 
use action and appeal thereof pursuant to Title 5, section 11001. If a settlement does not 
result from mandatory mediation under section 859, the limitations period is tolled for the 
period ending on the March 15th first occurring after the Attorney General submits the 
report required under section 859, subsection 8. 
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§858. Municipal mandates 
1. 
Municipal regulation required by State. 
If a state regulation requires a 
municipality to enact regulation, the municipality may not be held liable under this 
chapter for any regulation it enacts pursuant to that regulation. Such regulation must 
instead be deemed state regulation for which only the State may be held liable. If the 
municipality expressly provides in its enactment of the mandated regulation that it 
endorses the regulation, the regulation must be considered municipal regulation and not 
actionable as state regulation under this chapter. 
2. Municipal immunity. A municipality is immune from any liability under this 
chapter for any application of a regulation, state mandated or otherwise, and may not be 
considered a necessary or proper party in any mediation or action under this chapter, 
although the municipality may participate in mediation or an action under section 853, if 
and only to the degree it chooses. 
3. Appearance costs. Any party in an action under this chapter who for whatever 
reason calls a municipal officer, employee or representative as a witness or deponent, or 
otherwise seeks action from the municipality, such as the production of documents, shall 
compensate the municipality for its actual costs in responding, as determined by the 
court. 
§859. Mandatory mediation 
1. Commencement. Prior to filing an action pursuant to section 853, a property 
owner must pursue relief under the land use mediation program established under section 
831, except as provided in this section. 
2. Application. The application of the property owner for mediation must include a 
professional appraisal indicating a 50% or greater diminution in value of real property 
caused by a regulation or regulations enacted after the effective date of this chapter. By 
applying for mediation, the property owner consents to grant the mediator and the State 
reasonable access to the real property with advance notice at a time and in a manner 
acceptable to the property owner. 
3. Ripeness. Unless the impact of a regulation on the real property clearly and 
unequivocally in its terms acts as a 50% diminution in value of the real property, a 
property owner must seek a formal denial of a written request for development or 
variance in an underlying governmental land use action before the property owner may 
commence mediation. 
The findings made in such an underlying governmental land use 
action are not admissible and have no estoppel effect in an action pursuant to section 853. 
The property owner may, but need not, appeal the underlying governmental action under 
Title 5, section 11001 in order to make either the application for mediation or an action 
pursuant to section 853 ripe, and mediation must be tolled during the period any such 
appeal is pending. 
A property owner may only seek to mediate and thereafter pursue a claim under section 
when a regulation affects a use existing on the real property at the time the regulation 
is enacted or a reasonably foreseeable, nonspeculative use that is suitable for the subject 
real property and is compatible with adjacent land uses. A use is reasonably foreseeable 
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if there is evidence that the property owner intended in fact to develop that use or a 
similar use of similar intensity. 
4. Notice. All abutters to the property that the property owner claims has been taken, 
as well as any participant in any relevant underlying governmental land use action must 
be notified by the property owner of the commencement of mediation under section 831, 
subsection 8. Notice must be made by sending a copy of the mediation application by 
United States mail or hand delivery at the address on the latest property tax roll. 
S. Identification of allowed uses; settlement offer. If the State has not previously 
identified in any preceding underlying governmental land use action what land uses, if 
any, it will permit the owner to carry out on the real property that the property owner 
claims has been taken, the State shall do so in the mediation. Additionally, the State may 
present a written settlement offer to: 
A. Adjust permit standards or other provisions controlling the development or use of 
the real property; 
B. Increase or modify the density, intensity or uses of the real property; 
C. Swap or exchange real property; 
D. Accept mitigation, including payments in lieu of on-site mitigation; 
E. Accept location of development on the least sensitive portion of the regulated real 
property; 
F. Condition the amount of development or use permitted; 
G. Issue a variance, special exception or other extraordinary relief; or 
H. Purchase the real property, or an interest in the real property or a portion of the 
real property, or pay compensation. 
If the State chooses, it may submit in an action under section 853 the list of identified 
allowed uses it previously provided the property owner and the content of any settlement 
offer previously proposed by the State, and it may ask the fact finder to determine 
whether a regulatory taking would be averted by the allowance of such previously 
identified uses or the terms of the settlement offer. If the jury so finds, the State may, if it 
chooses, allow the previously identified uses or terms of the settlement offer in lieu of 
damages or a takings variance as relief. 
6. 
Timing. The schedule to be followed in the mediation must be set by the 
mediator, but mediation must be completed no later than one year after the property 
owner applies for mediation, unless the State and the property owner agree to an 
extension. 
7. Execution of settlement. A settlement reached pursuant to mediation must be 
formalized in writing and self-executing, and sovereign immunity to enforce a settlement 
against the State is waived. 
8. Failure to reach settlement. If a property owner and the State fail to agree to a 
settlement during the mandatory mediation process, the property owner shall notify the 
Office of the Attorney General. The Office of the Attorney General shall catalog this 
information and present it to the joint legislative committee created to review 
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effectiveness and fairness of land use laws and rules under Title 3, chapter 39 by January 
15th of each year. If mediation fails to produce a settlement, the property owner may file 
an action against the State under section 853 beginning on the March 15th after the 
Attorney General has reported the failure under this subsection. If during mediation the 
State makes a bona fide settlement offer and the owner rejects that offer and proceeds to 
file a claim under section 853, the property owner is liable for the costs and fees of the 
State from the point in time of rejection of the State's bona fide settlement offer until 
resolution of the claim under section 853 as long as the resolution of the claim under 
section 853 is either a finding of no taking or the damages awarded under the claim under 
section 853 are of a smaller dollar value than that contained in the State's bona fide 
settlement offer. 
9. Fees. The cost of the mediation is as set forth in section 831, supplemented by an 
administrative fee to be determined by the judicial branch. 
§860. Attorney's fees and costs 
In an action brought under section 853, the prevailing party is, at the discretion ofthe 
court, entitled to reasonable attorney's fees and costs. The court may at its discretion also 
award to either party attorney's fees and costs for the mediation if it concludes that the 
State did not make or the property owner did not accept a bona fide settlement offer in the 
mediation. 
Sec. A-2. Judicial branch report on case load. The judicial branch shall 
compile information regarding the number of cases filed in state courts pursuant to the 
Maine Revised Statutes, Title 1, section 853. This information must include whether the 
cases at issue involve only a cause of action under Title 1, section 853 or whether these 
cases involve multiple causes of action, including a cause of action under Title 1, section 
853. The judicial branch shall submit this information to the joint standing committee of 
the Legislature having jurisdiction over judiciary matters no later than February 1, 2014 
and every 2 years thereafter. 
PARTB 
Sec. B-1. 1 MRSA c. 22 is enacted to read: 
CHAPTER 22 
LAND USE MEDIATION PROGRAM 
§831. Land use mediation program 
1. Program established. The land use mediation program is established to provide 
eligible private landowners with a prompt, independent, inexpensive and local forum for 
mediation of governmental land use actions as an alternative to court action. 
State 
agencies with responsibilities for land use laws shall assist in promoting awareness of the 
program. 
2. Provision of mediation services; forms, filing and fees. The Court Alternative 
Dispute Resolution Service created in Title 4, section 18-B shall provide mediation 
services under this chapter. The Court Alternative Dispute Resolution Service shall: 
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to H.P. 1334, L.D. 1810 
A. 
Assign mediators under this chapter who are knowledgeable in land use 
regulatory issues and environmental law; 
B. Establish a simple and expedient application process. Not later than January 10th 
of each year, the Court Alternative Dispute Resolution Service shall send a copy of 
each completed application received and each agreement signed during the previous 
calendar year to the chairs of the joint legislative committee created to review 
effectiveness and fairness ofland use laws and rules under Title 3, chapter 39; and 
C. Establish a fee for services in an amount not to exceed $175 for every 4 hours of 
mediation services provided. In addition, the landowner is responsible for the costs of 
providing notice as required under subsection 8. 
3. Application; eligibility. A landowner may apply for mediation under this chapter 
if that landowner: 
A. Has suffered significant harm as a result of a governmental action regulating land 
use; 
B. Applies for mediation under subsection 4 within the time allowed under law or 
rules of the court for filing for judicial review of that governmental action; 
C. Has: 
(1) For mediation of municipal governmental land use action, sought and failed 
to obtain a permit, variance or special exception and has pursued all reasonable 
avenues of administrative appeal; or 
(2) For mediation of state governmental land use action, sought and failed to 
obtain governmental approval for a land use of that landowner's land and has a 
right to judicial review under Title 5, section 11001 either due to a final agency 
action or the failure or refusal of an agency to act; and 
D. Submits to the Superior Court clerk all necessary fees at the time of application. 
4. Submission of application for mediation. A landowner may apply for mediation 
under this chapter by filing an application for mediation with the Superior Court clerk in 
the county in which the land that is the subject of the conflict is located. The Superior 
Court clerk shall forward the application to the Court Alternative Dispute Resolution 
Service. The Court Alternative Dispute Resolution Service shall make available online 
brochures about the land use mediation program and applications for landowner 
participation in the land use mediation program. 
5. Agency responsibilities; publicity. State agencies that administer land use laws 
shall provide information about the land use mediation program, along with the right of 
appeal, when making regulatory decisions, including any decisions that deny approval of 
a permit application or license. The special advocate appointed by the Secretary of State 
pursuant to Title 5, section 90-P shall provide the land use mediation program brochure to 
businesses that are pursuing permit applications with state agencies. State agencies that 
administer land use laws and the Court Alternative Dispute Resolution Service shall 
ensure that information about the land use mediation program is available in an electronic 
format on agency publicly accessible websites. 
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6. Stay of filing period. Notwithstanding any other provision of law, the period of 
time allowed by law or by rules of the court for any person to file for judicial review of 
the governmental action for which mediation is requested under this chapter is stayed for 
days beyond the date the mediator files the report required under subsection 13 with 
the Superior Court clerk, but in no case longer than 120 days from the date the landowner 
files the application for mediation with the Superior Court clerk. 
7. Purpose; conduct of mediation. The purpose of a mediation under this chapter is 
to facilitate, within existing land use laws, ordinances and rules, a mutually acceptable 
solution to a conflict between a landowner and a governmental entity regulating land use. 
The mediator, whenever possible and appropriate, shall conduct the mediation in the 
county in which the land that is the subject of the conflict is located. When mediating that 
solution, the mediator shall balance the need for public access to proceedings with the 
flexibility, discretion and private caucus techniques required for effective mediation. 
8. Schedule; notice; participants. The mediator is responsible for scheduling all 
mediation sessions. The mediator shall provide a list of the names and addresses and a 
copy of the notice of the mediation schedule to the Superior Court clerk, who shall mail 
the notices. The mediator shall include on the list persons identified in the following 
ways. 
A. The landowner and the governmental entity shall provide to the mediator the 
names and addresses of the parties, intervenors and other persons who significantly 
participated in the underlying governmental land use action proceedings. 
B. Any other person who believes that person's participation in the mediation is 
necessary may file a request with the mediator to be included in the mediation. 
C. The mediator shall determine if any other person's participation is necessary for 
effective mediation. 
9. Parties to mediation. A mediator shall include in the mediation process any 
person the mediator determines is necessary for effective mediation, including persons 
representing municipal, county or state agencies and abutters, parties, intervenors or other 
persons significantly involved in the underlying governmental land use action. A 
mediator may exclude or limit a person's participation in mediation when the mediator 
determines that exclusion or limitation necessary for effective mediation. This subsection 
does not require a municipality to participate in mediation under this chapter. 
10. Sharing of costs. Participants in the mediation may share the cost of mediation 
after the initial 4 hours of mediation services have been provided. 
11. Admissibility. The admissibility in court of conduct or statements made during 
mediation, including offers of settlement, is governed by the Maine Rules of Evidence, 
Rule 408(a) for matters subsequently heard in a state court and Federal Rules of 
Evidence, Rule 408 for matters subsequently heard in a federal court. 
12. Agreements. A mediated agreement must be in writing. The landowner, the 
governmental entity and all other participants who agree must sign the agreement as 
participants and the mediator must sign as the mediator. 
A. 
An agreement that requires any additional governmental action is not self-
executing. If any additional governmental action is required, the landowner is 
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responsible for initiating that action and providing any additional information 
reasonably required by the governmental entity to implement the agreement. The 
landowner must notify the governmental entity in writing within 30 days, after the 
mediator files the mediator's report under subsection 13, that the landowner will be 
taking action in accordance with the agreement. 
B. 
Notwithstanding any procedural restriction that would otherwise prevent 
reconsideration of the governmental action, a governmental entity may reconsider its 
decision in the underlying governmental land use action in accordance with the 
agreement as long as that reconsideration does not violate any substantive application 
or review requirement. 
13. Mediator's report. Within 90 days after the landowner files an application for 
mediation, the mediator shall file a report with the Superior Court clerk. The mediator 
shall file the report as soon as possible if the mediator determines that a mediated 
agreement is not possible. The report must contain: 
A. 
The names of the mediation participants, including the landowner, the 
governmental entity and any other persons; 
B. The nature of any agreements reached during the course of mediation, which 
mediation participants were parties to the agreements and what further action is 
required of any person; 
C. The nature of any issues remaining unresolved and the mediation participants 
involved in those unresolved issues; and 
D. A copy of any written agreement under subsection 12. 
Sec. B-2. 2 MRSA §8, as amended by PL 2001, c. 184, § 1, is further amended to 
read: 
§8. Land use mediation; obligation to participate 
Agencies within the executive branch shall participate in mediation under Title §, 
chapter 314, sl:lbchapter III, chapter 22, when requested to participate by the Court 
Alternative Dispute Resolution Service. 
Sec. B-3. 3 MRSA c. 39 is enacted to read: 
CHAPTER 39 
REGULATORY FAIRNESS REVIEW 
§1101. Committee on regulatory fairness 
1. 
Committee defined. 
"Committee" means a !Omt legislative committee 
established by joint rule of the Legislature to provide a forum for ongoing legislative 
review of the effectiveness and fairness ofland use laws and rules. 
2. Membership. The membership of the committee and the selection of chairs are 
established by joint rule of the Legislature. The President of the Senate and the Speaker 
of the House may use the following as guidance for appointing members to the 
committee: 
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A. The Senate chair, the House chair, the ranking minority Senate member and the 
ranking minority House member of the joint standing committee of the Legislature 
having jurisdiction over environment and natural resources matters; 
B. The Senate chair, the House chair, the ranking minority Senate member and the 
ranking minority House member of the joint standing committee of the Legislature 
having jurisdiction over agriculture, conservation and forestry matters; 
C. The Senate chair, the House chair, the ranking minority Senate member and the 
ranking minority House member of the joint standing committee of the Legislature 
having jurisdiction over judiciary matters; 
D. One additional member of the Senate, appointed by the President of the Senate; 
and 
E. One additional member of the House, appointed by the Speaker of the House. 
3. Meetings. The committee shall meet at least 2 times a year and as needed to 
fulfill its responsibilities. A meeting may be called by the chairs or by any 4 members. 
4. Duties and powers. The committee: 
A. Shall conduct public meetings to obtain information concerning the effectiveness 
and efficiency of rules affecting land use, including specific information on laws and 
rules that may have resulted in more than a minor reduction in the economically 
beneficial or productive uses of land. The primary focus of such review must be on 
laws and rules that have been adopted within the previous 3 years; 
B. 
Shall request from relevant state agencies the purpose and background 
surrounding any law or rule alleged to have resulted in more than a minor reduction 
in the economically beneficial or productive uses of land, including but not limited to 
any major substantive rule to be submitted to the Legislature pursuant to Title 5, 
section 8072, and any information the agency has about the specific application of the 
law or rule in question, including any benefit-cost analysis conducted by the agency 
pursuant to Title 5, section 8063-A, and any other data that would assist the 
committee in reviewing the benefits and costs of the law or rule; 
C. Shall receive and review information from the Office of the Attorney General 
regarding activities of the Attorney General, pursuant to Title 5, section 8056, 
subsection 6, to review proposed rules to determine whether they may reasonably be 
expected to result in a taking of private property under the Constitution of Maine, 
including whether the rules provide sufficient variance provisions to avoid such a 
taking; 
D. Shall review information about the land use mediation program pursuant to Title 
1, chapter 22, including information about completed applications received and each 
agreement signed during the previous calendar year; 
E. Shall solicit input from organizations that may be interested in providing input to 
the committee, including but not limited to organizations that represent small farmers 
and woodlot owners; 
F. May develop recommendations for changes in land use laws and rules and refer 
such recommendations, with supporting documentation, to the joint standing 
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committee of the Legislature with appropriate jurisdiction, including any 
recommendations that further analysis of benefits and costs, pursuant to Title 5, 
section 8063-A, be conducted by the relevant state agency. 
A joint standing 
committee of the Legislature that receives a recommendation from the committee 
may submit a bill for subsequent reference and public hearing; 
G. May make recommendations to the joint standing committee of the Legislature 
with appropriate jurisdiction regarding major substantive rules, pursuant to Title 5, 
section 8072, as appropriate; 
H. Shall receive and review information from the Office of the Attorney General 
regarding claims in the past year that were not successfully resolved pursuant to Title 
1, section 859 and whose claimants are allowed to proceed to litigation pursuant to 
Title 1, section 859, subsection 8. Upon receipt of this information, the committee 
may report out legislation to amend the underlying law or to direct the relevant 
agency to amend the underlying rule in such a way that the complaining property 
owner no longer suffers a 50% diminution in real property value. If a new law or 
resolve takes effect that ensures that the complaining property owner no longer 
suffers a 50% diminution in real property value, that property owner no longer has a 
valid claim under Title 1, section 853; 
I. Shall undertake a review of Title 1, chapter 22 by February 15,2017 and every 5 
years thereafter. The review must include an assessment of the number of mediations 
entered into by the State, the number of claims filed in court, the number of variances 
granted to property owners and the costs of the land use mediation program under 
Title 1, chapter 22 to the State in terms of both administration and damages awarded 
to property owners. 
Based upon this review, the committee may recommend 
legislation that amends or repeals Title 1, chapter 22 to the joint standing committee 
of the Legislature having jurisdiction over judiciary matters, which may report out 
legislation based on the committee's recommendations; and 
J. May undertake other activities consistent with its listed responsibilities under this 
subsection. 
5. Information protocol. The committee shall develop a user-friendly form that 
may be used by members of the public to assist the committee in understanding the 
history, land use issues, regulatory impacts and agency interactions associated with cases 
presented to the committee. Completed forms and associated documents submitted to the 
committee are public records. 
6. Staffing. Based on available resources, the Legislative Council shall provide staff 
support for the committee. 
Sec. B-4. 4 MRSA §18-B, sub-§10, as amended by PL 2001, c. 184, §2, is 
further amended to read: 
10. Land use mediation. The land use mediation program is a program within the 
Court Alternative Dispute Resolution Service. 
A, The Director of the Court Alternative Dispute Resolution Service shall administer 
the land use mediation program established in Title 5, chapter 314, subchapter II L 
chapter 22. 
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B. A land use mediation fund is established as a non1apsing, dedicated fund within 
the Administrative Office of the Courts. 
Fees collected for mediation services 
pursuant to Title 5, eBat'lter 314, SaBeHaflter II 1, chapter 22 must be deposited in the 
fund. The Administrative Office of the Courts shall use the resources in the fund to 
cover the costs of providing mediation services as required under Title 5, eHaflter 314, 
SaBeHaflter Ill, chapter 22. 
Sec. B-5. 5 MRSA c. 314, sub-c. 2, as amended, is repealed. 
Sec. B-6. 5 MRSA §8056, sub-§6, as amended by PL 1995, c. 537, §6, is further 
amended to read: 
6. Attorney General review and approval. The review required in subsection 1 
may not be performed by any person involved in the formulation or drafting of the 
proposed rule. The Attorney General may not approve a rule if it is reasonably expected 
to result in a taking of private property under the Constitution of Maine unless such a 
result is directed by law or sufficient procedures exist in law or in the proposed rule to 
allow for a variance designed to avoid such a taking. By December 15th of each year, the 
Attorney General shall provide to the joint legislative committee created to review 
effectiveness and fairness of land use laws and rules under Title 3, chapter 39 a copy of 
each proposed rule reviewed under this subsection that was the subject of public 
comment suggesting either that the rule might result in a potential taking of real property 
under the Constitution of Maine or that a variance was necessary to avoid such a taking. 
PARTe 
Sec. C-l. Appropriations and allocations. The following appropriations and 
allocations are made. 
ATTORNEY GENERAL, DEPARTMENT OF THE 
Administration - Attorney General 0310 
Initiative: Provides funds for one full-time Assistant Attorney General position and 
related costs to address an anticipated increase in workload as a result of regulatory 
takings. 
GENERAL FUND 
2011-12 
2012-13 
POSITIONS - LEGISLATIVE COUNT 
0.000 
1.000 
Personal Services 
$0 
$78,101 
All Other 
$0 
$5,178 
GENERAL FUND TOTAL 
$0 
$83,279 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT~" to H.P. 1334, L.D. 1810 
ATTORNEY GENERAL, DEPARTMENT OF 
THE 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
LEGISLATURE 
Legislature 0081 
2011-12 
2012-13 
$0 
$83,279 
$0 
$83,279 
Initiative: Provides funding to increase one Legislative Analyst position from part-time to 
full-time to provide staff assistance to the committee on regulatory fairness. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOTAL 
LEGISLATURE 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
SECTION TOTAL - ALL FUNDS 
SU~ARY 
2011-12 
0.000 
$0 
$0 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
2012-13 
0.500 
$20,693 
$20,693 
2012-13 
$20,693 
$20,693 
2012-13 
$103,972 
$103,972 
This amendment is the minority report of the Joint Standing Committee on Judiciary. 
This amendment replaces the bill, making changes by: 
1. Adding a definition of "affiliate," which is used to prevent the dividing of property 
to circumvent the provision in the bill regarding measuring diminution of value against 
the entire parcel; 
2. Adding a definition of "underlying govemmentalland use action," which is used 
to help determine ripeness of a claim; 
COMMITTEE AMENDMENT 
~~ 
~ 
COMMITTEE AMENDMENT::!S" to H.P.1334, L.D. 1810 
3. 
Clarifying that a property owner must obtain a professional appraisal, and not 
simply an appraisal, as part of making a claim; 
4. 
Clarifying the description of "reasonable investment-backed expectations" by 
adding a temporal reference found in Florida statute; 
5. Clarifying that property cannot be divided to circumvent the provision in the bill 
regarding measuring diminution of value against the entire parcel and clarifying that an 
entire contiguous parcel's failure to meet the diminution threshold of 50% precludes 
recovery under this legislation; 
6. Limiting recovery to either damages, capped at $400,000, as established in the 
Maine Tort Claims Act, or a takings variance. Compensation for the entire fair market 
value of a parcel as an option for relief is eliminated; it is always an available avenue for 
the State to exercise if it chooses under the Constitution of Maine; 
7. Adjusting tolling provisions to account for the inclusion of a mandatory mediation 
program and the opportunity for the Legislature to direct changes in the land use laws and 
rules that cause the diminution of property values; 
8. Clarifying that municipalities are exempt from this legislation and are not subject 
to costs as a result of this legislation; 
9. Rewriting the alternative dispute resolution section proposed in the bill in order to 
create a mandatory mediation program, which: 
A. Requires that before a takings claim can be filed in court, a property owner must 
pursue relief under the land use mediation program, subject to enhanced 
requirements; 
B. Requires that a property owner applying for relief under mandatory mediation 
must also include a professional appraisal indicating 50% or greater diminution in 
property value with the application. By applying for mediation, the property owner 
consents to grant the mediator and the State access to the property owner's land for 
purposes of resolving a dispute; 
C. Describes ripeness for purposes of seeking mandatory mediation, requiring the 
property owner, before mediation, to apply for and be denied a land use unless a 
regulation on its face would clearly cause a 50% diminution in property value; 
D. Limits recovery from speCUlative uses of the property; 
E. 
Requires that abutting property owners be notified when a property owner 
initiates mandatory mediation; 
F. Provides that as part of mediation the State must identify what land uses are 
permitted on the property in question. 
The State may also present a written 
settlement offer as part of mediation that may include various proposals in order to 
reach a settlement agreement. This settlement offer may then later be used as a 
defense in the event a claim is filed in court; 
G. Provides that the property owner and the State have up to one year to complete 
the mediation process; 
H. Provides that any settlement agreement reached in mediation must be formalized 
in writing and be self-executing; 
COMMITTEE AMENDMENT 
~\)~~ 
COMMITTEE AMENDMENT:E" to H.P. 1334, L.D. 1810 
I. Specifies that only after a failed mediation is a property owner allowed to proceed 
to court and creates financial incentives for a property owner to accept a bona fide 
offer from the State during mediation; 
J. Provides that, when mediation fails to produce a settlement, the property owner 
shall report the failure to produce a settlement to the Office of the Attorney General, 
who is required to report that information to the joint legislative committee created to 
review effectiveness and fairness of land use laws and rules. In order to give the 
committee time and opportunity to address the underlying land use laws and rules, 
the property owner must delay filing a claim in court until March 15th after the failed 
mediation is reported by the Attorney General to the committee; and 
K. Provides flexibility to the courts in determining administrative fees for mandatory 
mediation; 
10. Expanding the provisions about attorney's fees to include that either the State or a 
property owner could be liable for attorney's fees in the event that either party does not 
make a bona fide attempt at settlement during the mediation process; 
11. Requiring that the judicial branch provide regular reports to the joint standing 
committee of the Legislature having jurisdiction over judiciary matters on the number of 
cases pursued in court under this legislation so that future Legislatures can assess the 
impact of this legislation on court dockets; 
12. Enabling the establishment by the Legislature of a joint legislative committee 
created to review effectiveness and fairness of land use laws and rules. The committee 
must be established by joint rule of the Legislature. 
Its duties include hearing and 
investigating complaints of property owners about land use laws and rules, receiving 
information collected and cataloged by the Attorney General regarding land use 
mediations in which settlement was not reached and recommending legislation to adjust 
land use laws and rules; 
13. 
Delaying the implementation of the new regulatory takings program by 
excluding land use regulations enacted prior to August 1,2013; and 
14. Adding an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 04/04/12 
~ac:. 
LD 1810 
LR2684(03) 
An Act To Provide Ongoing Review ofthe Effectiveness and Fairness of Land Use Laws and Rules 
Fiscal Note for Bill as Amended by Committee Amendment ,{~" (H -q d.~ 
Committee: Judiciary 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Legislative Cost/Study 
Fiscal Note Required: Yes 
Fiscal Note 
Legislative Cost/Study 
Potential current biennium cost increase - General Fund 
Potential current biennium cost increase - Highway Fund 
FY 2011-12 
FY2012-13 
$0 
$103,972 
$0 
$103,972 
Projections 
FY 2013-14 
$541,739 
$541,739 
Projections 
FY2014-15 
$531,807 
$531,807 
The estimated cost for 2 interim meetings of this committee is projected to be $5,000 annually beginning in fiscal year 
2012-13. If additional meetings are held the estimated cost for each additional meeting is $2,500. The Legislature's 
proposed budget includes $10,000 in fiscal year 2012-13 for legislative studies. Whether this amount is sufficient to 
fund all studies will depend on the number of studies authorized by the Legislative Council and the Legislature. 
This bill includes a General Fund appropriation of $20,693 in fiscal year 2012-13 to increase a part-time Legislative 
Analyst position to full-time effective January 1,2013 in order to provide the required staffing to the new legislative 
committee. The General Fund costs for the position change increase to $43,474 in fiscal year 2013-14 and $45,632 in 
fiscal year 2014-15. 
Fiscal Detail and Notes 
This legislation creates a process for landowner relief related to regulatory takings. Depending upon the number or 
extent of any lawsuits filed, both General Fund and Highway Fund costs could be increased as a result of any 
payments to landowners. State agencies may also experience increased appraisal and witness costs. The amounts, by 
agency and fiscal year, cannot be estimated at this time. 
LR2684(03) - Fiscal Note - Page 1 of2 
This bill also includes a General Fund appropriation of $83,279 in fiscal year 2012-13 for the Department of the 
Attorney General to support the additional workload that results from regulatory takings. The Department of the 
Attorney General has identified the need for one part-time Assistant Attorney General position and one part-time 
Research Assistant position beginning ip. fiscal year 2013-14. The Judicial Department has also identified the need 
for additional staff beginning in fiscal year 2013-14; one Judge position, one Deputy Marshal position and one Law 
Clerk position. The Judicial Department will also require additional General Fund appropriations beginning in fiscal 
year 2013-14 for additional jury trial costs. The Judicial Department may experience an increase in Other Special 
Revenue Funds collections from an administrative fee that has yet to be determined. 
LR2684(03) - Fiscal Note - Page 20f2