An Act To Connect the Citizens of the State to the State's Natural Resources by Establishing Standards for Relief from Regulatory Burdens
Maine Legislature, Session 127, LD 0309
Committee Amendment CA_A_S124 (Senate)

FmST REGULAR SESSION 
COMMITTEE AMENDMENT" A" to S.P. 124, L.D. 309, Bill, "An Act To 
Connect the Citizens of the State to the State's Natural Resources by Establishing 
Standards for Relief from Regulatory Burdens" 
Amend the bill in Part A in section 1 in §851 by inserting after subsection 6 the 
following: 
'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. ' 
Amend the bill in Part A in section 1 in §851 by renumbering the subsections to read 
consecutively. 
Amend the bill in Part A in section 1 by striking out all of §856 (page 3, lines 1 to 7 
in L.D.) and inserting the following: 
'§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.' 
Amend the bill in Part A in section 1 in §859 in subsection 5 by striking out all of 
paragraphs C and D (page 4, lines 39 and 40 and page 5, lines 1 and 2 in LD.) and 
inserting the following: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT " A "to S.P. 124, L.D. 309 
Ie. Accept location of development on the least sensitive portion of the regulated real 
property; 
D. Purchase the real property, or an interest in the real property or a portion of the 
real property, or pay compensation; or 
E. Grant a takings variance.' 
SUMMARY 
This amendment adds a takings variance as an option for the State when a property 
owner's land is subject to a regulatory taking. A takings variance is a decision by the 
State to permit departure from the requirements of a regulation. 
If a fact fmder 
detennines that a regulatory taking has occurred, the State must choose between paying 
damages to the property owner, as provided in the bill, and granting a takings variance. 
Granting a takings variance means that the regulation causing the regulatory taking may 
not be applied to the property. 
The State may also grant a takings variance as a settlement offer as part of the 
mandatory mediation process. 
FISCAL NOTE REQUIRED 
(See attached) ,.;<~ 
COMMITTEE AMENDMENT 
Approved: 04/21115 
~ac:.. 
LD 309 
LR 978(02) 
An Act To Connect the Citizens of the State to the State's Natural Resources by Establishing 
Standards for Relief from Regulatory Burdens 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "A" (5-1 '2.4') 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - General Fund 
Potential current biennium cost increase - Highway Fund 
Potential current biennium cost increase - Other Special Revenue Funds 
This legislation creates a process for landowner relief related to regulatory takings. Depending upon the number or 
extent of any lawsuits filed, General Fund, Other Special Revenue Funds and Highway Fund costs could be increased 
as a result of any payments to landowners. The Judicial Department and the Department of the Attorney General will 
also require additional General Fund appropriations for staff and appraiser fees. 
LR0978(02) - Fiscal Note - Page 1 of 1