An Act To Protect Owners of Real Property
Maine Legislature, Session 125, LD 1477
Committee Amendment CA_A_H600 (House)

COMMITfEE AMENDMENT "A" to H.P. 1086, L.D. 1477, Bill, "An Act To 
Protect Owners of Real Property" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, To Review Issues Dealing with Regulatory Takings' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the Committee to Review Issues Dealing with Regulatory Takings is 
established to study issues associated with property rights and the public welfare;. and 
Whereas, the study must be initiated before the 90-day period expires in order that 
the study may be completed and a report submitted in time for submission to the next 
legislative session; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1. Committee established. Resolved: That the Committee to Review 
Issues Dealing with Regulatory Takings, referred to in this resolve as "the committee," is 
established; and be it further 
Sec. 2. Committee membership. Resolved: That the committee consists of 13 
members appointed as follows: 
1. Three members of the Senate appointed by the President of the Senate, including 
at least one member from each of the 2 parties holding the largest number of seats in the 
Legislature; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 1086, L.D. 1477 
2. Four members of the House of Representatives appointed by the Speaker of the 
House, including no more than 2 members from the party holding the largest number of 
seats in the Legislature; 
3. One member representing private property owners with over 100 acres of real 
property, appointed by the President of the Senate. The President of the Senate may 
consider recommendations made by the Maine Farm Bureau, the Maine Forest Products 
Council and the Small Woodland Owners Association o(Maine; 
4. One member representing municipal government, appointed by the President of 
the Senate. The President of the Senate may consider recommendations made by the 
Maine Municipal Association; 
5. One member representing conservation interests, appointed by the President of the 
Senate. The President of the Senate may consider recommendations made by the Natural 
Resources Council of Maine, the state chapter of the Nature Conservancy and Maine 
Audubon; 
6. One member representing the business sector, appointed by the Speaker of the 
House. The Speaker of the House may consider recommendations from the Maine State 
Chamber of Commerce and the Maine National Federation of Independent Business; 
7. One member representing private attorneys who have experience practicing in the 
subject area of takings law in the State, appointed by the Speaker of the House; and 
8. The Attorney General or the Attorney General's designee; and be it further 
Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate 
chair and the first-named House of Representatives member is the House chair of the 
committee; and be it further 
Sec. 4. 
Appointments; convening of committee. 
Resolved: 
That all 
appointments must be made no later than 30 days following the effective date of this 
resolve. The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed. After appointment pf all members, 
the chairs shall call and convene the first meeting of the committee. If 30 days or more 
after the effective date of this resolve a majority of but not all appointments have been 
made, the chairs may request authority and the Legislative Council may grant authority 
for the committee to meet and conduct its business; and be it further 
Sec. 5. Duties. Resolved: That the committee shall study the issues associated 
with property rights and the public welfare. In examining these issues, the committee 
shall review whether barriers to relief from a regulatory taking currently exist. The 
committee may, without limitation, in the course of evaluating whether such barriers 
exist: 
1. Review and analyze the Report of the Study Commission on Property Rights and 
the Public Health, Safety and Welfare, completed in 1995, and the recommendations 
made in the report; 
2. Study the experiences of the land use mediation program, established in the Maine 
Revised Statutes, Title 5, section 3341 by the 117th Legislature for the purpose of 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "An to H.P.I086, L.D. 1477 
providing private landowners with an independent forum for mediation of governmental 
land use actions as an alternative to court action; 
3. Study regulatory takings legislation considered in other states, including Oregon 
and Florida, and also states where such legislation has been considered and not adopted 
and the experiences of landowners, municipalities, State Government and the public. The 
committee shall evaluate fiscal, legal and policy matters raised by these laws; 
4. Examine specific cases in which state and municipal laws, regulations, ordinances 
and investments have affected property values in this State, both positively and 
negatively; and 
5. 
Suggest measures to mitigate and remove any barriers to relief as may be 
identified; and be it further 
Sec. 6. Consideration of legislation elements. Resolved: That the committee 
in determining whether to recommend legislation as part of its report shall consider at 
least the following legislation elements: 
1. An appropriate definition of "land use regulation" that should be considered in 
determining whether a regulatory taking has occurred; 
2. 
An appropriate percentage of diminution in value to establish a compensable 
regulatory taking; 
3. Appropriate governmental agencies and entities to which new regulatory takings 
standards and procedures should apply; 
4. 
Whether the cumulative effect of multiple land use regulations should be 
considered in determining whether a compensable regulatory taking has occurred; 
5. 
If mUltiple land use regulations are cumulated to determine whether a 
compensable regulatory taking has occurred, how compensation should be allocated 
among the governmental agencies and entities responsible for those land use regulations; 
6. 
How fair market value is established, including whether written bona fide 
appraisals are required; 
7. Whether property value increases resulting from land use regulations should be 
taken into account; 
8. An effective system for resolution of compensable regulatory takings claims, 
including payment of compensation when appropriate, without resorting to filing a claim 
in court; 
9. Creation of a Superior Court cause of action seeking appropriate compensation for 
regulatory takings, including standards for awarding damages; 
10. The appropriateness of awarding attorney's fees and costs to a landowner or 
governmental entity; 
11. How to ensure that a claim for a compensable regulatory taking can proceed in a 
timely manner without unnecessary delay based on ripeness; 
12. Whether a new compensable regulatory takings program should be applied to 
existing land use regulations; 
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COMMITTEE AMENDMENT" A" to H.P. 1086, L.D. 1477 
13. Whether the "whole parcel rule" should be part of a new compensable regulatory 
takings program; 
14. 
Establishment of an appropriate statute of limitations for filing claims for 
compensation for regulatory takings; 
15. Whether a waiver of sovereign immunity is necessary; and 
16. 
Whether a dedicated state fund should be established to pay claims for 
compensation; and be it further 
Sec. 7. Staff assistance. Resolved: That the Legislative Council shall provide 
necessary staffing services to the committee; and be it further 
Sec. 8. Report. Resolved: That, no later than December 7,2011, the committee 
shall submit a report that includes its findings and recommendations, including suggested 
legislation, to the Joint Standing Committee on Judiciary. The Joint Standing Committee 
on Judiciary may report out legislation relating to the report to the Second Regular 
Session of the 125th Legislature. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment replaces the bill with a resolve that establishes the Committee to 
Review Issues Dealing with Regulatory Takings. The committee consists of 13 members 
including 7 Legislators and representatives of various interested groups, appointed by the 
President of the Senate and the Speaker of the House, and the Attorney General or the 
Attorney General's designee. 
The committee will study issues associated with property rights and the public 
welfare and report to the Joint Standing Committee on Judiciary by December 7, 2011. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Legislative Cost/Study 
Approved: 06/07/11 
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LD 1477 
LR 1866(02) 
An Act To Protect Owners of Real Property 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Legislative Cost/Study 
The general operating expenses of this study are projected to be $4,690 in fiscal year 2011-12. The Legislature's 
proposed budget includes $10,000 in fiscal year 2011-12 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. 
Fiscal Detail and Notes 
The Department of the Attorney General can absorb the minor additional costs of participation on the study committee 
within existing budgeted resources. 
The Legislature will be able to absorb the costs of providing staff assistance to the study committee during the interim 
between legislative sessions. 
LR1866(02) - Fiscal Note - Page 1 of 1