An Act To Protect the Rights of Property Owners
Maine Legislature, Session 125, LD 1135
Committee Amendment CA_A_S241 (Senate)

COMMITTEE AMENDMENT" A" to S.P. 344, L.D. 1l35, Bill, "An Act To 
Protect the Rights of Property Owners" 
Amend the bill in section 1 in §84I by striking out all of subsections I 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 I, 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 I 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 I in §842 in subsection 3 by striking out all of paragraph E 
(page 2, lines 9 to II in L.D.) 
Amend the bill in section I in §842 by striking out all of subsection 5 (page 2, lines 
to 24 in L.D.) and inserting the following: 
COMMITTEE AMENDMENT 
~. f. ,. 
COMMITTEE AMENDMENT" A "to S.P. 344, L.D. 1135 
'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 
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) 
COMMITTEE AMENDMENT 
Approved: 05/23111 
;t;vac 
LD 1135 
LR 657(02) 
An Act To Protect the Rights of Property Owners 
Fiscal Note for Bill as Amended by Committee Amendment" A" 5 - ~* I 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - General Fund 
Correctional and Judicial Impact Statements 
Increases judicial branch case-loads. 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
This bill requires all public entities at the municipal, county and state level to compensate landowners who present a 
demand letter and/or subsequently pursue the private right of action granted by this bill in response to land use 
regulations enacted or applied in such a manner as to allegedly cause a diminution of value by at least 50% in any real 
property interest. The bill provides for reimbursement of reasonable attorney's fees, expenses, costs and other 
disbursements incurred to collect such compensation in a Superior Court action, but does not specifY whether the 
owner bringing such suit must prevail in the action in order to be entitled to reasonable fees and costs. 
Any demands for compensation or civil actions brought pursuant to the provisions of this bill could result in 
significant costs to the General Fund or to local units of government. Government entities do have the ability to avoid 
paying compensation by modifYing, removing or not applying the land use regulation that caused the demand for 
compensation. As it cannot be predicted what decisions wil1 be made to limit the amount of compensation that may be 
paid, no estimate of cost to the General Fund is made at this time. 
LR0657(02) - Fiscal Note - Page I of 1