An Act To Implement Recommendations of the COlmnittee To Review Issues Dealing with Regulatory Takings
Maine Legislature, Session 125, LD 1810
Committee Amendment CA_B-SA_A_S556 (Senate)

SENATE AMENDMENT "A " to COMMITTEE AMENDMENT "B" to H.P. 
1334, L.D. 1810, Bill, "An Act To Implement Recommendations of the COlmnittee To 
Review Issues Dealing with Regulatory Takings" 
Amend the amendment in Part A in section 1 in §851 by striking out all of subsection 
(page 2, lines 4 and 5 in amendment) 
Amend the amendment in Part A in section 1 in §851 by renumbering the subsections 
to read consecutively. 
Amend the amendment in Part A in section 1 by striking out all of §856 and inserting 
the following: 
'§856. Relief 
Damages are available as relief for a regulatory taking. 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.' 
Amend the amendment in Part A in section 1 in §859 in subsection 5 by striking out 
all of paragraphs A to H (page 5, lines 13 to 23 in amendment) and inserting the 
following: 
'A. Swap or exchange real property; 
B. Accept mitigation, including payments in lieu of on-site mitigation; 
C. Accept location of development on the least sensitive portion of the regulated real 
property; or 
D. Purchase the real property, or an interest in the real property or a portion of the 
real property, or pay compensation.' 
Amend the amendment in Part A in section 1 in §859 in subsection 5 in the last 
paragraph in the last line (page 5, line 30 in amendment) by striking out the following: 
"or a takings variance" 
SENATE AMENDMENT 
SENATE AMENDMENT" A" to COMMITTEE AMENDMENT "B" to H.P. 1334, L.D. 1810 
Amend the amendment in Part B in section 3 in § 1101 in subsection 4 in paragraph I 
in the 3rd and 4th lines (page 11, lines 21 and 22 in amendment) by striking out the 
following: ", the number of variances granted to property owners" 
SUMMARY 
This amendment removes the option of a takings variance as relief for a regulatory 
taking and limits the options available to the State in a written settlement offer as part of 
mediation. 
FISCAL NOTE REQIDRED 
SPONSORED BY. ~-~-~~~~~~t;;:L~~---
COUNTY: Oxford 
SENATE AMENDMENT 
Approved: 04/12112 ;t;yac 
LD 1810 
LR 2684(07) 
An Act To Provide Ongoing Review of the Effectiveness and Fairness of Land Use Laws and Rules 
Fiscal Note for Senate Amendment "A" to Committee Amendment "B" 5 .. 5510 
Sponsor: Sen. Hastings, III of Oxford 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Future biennium cost increase - General Fund 
Future biennium cost increase - Highway Fund 
Eliminating the option for the State to grant a takings variance may increase the amount of damages the State pays to 
property owners and increase costs to the Judicial Department. The amount of the increase cannot be estimated at this 
time. 
LR2684(07) - Fiscal Note - Page 1 of 1