An Act to Provide Due Process in Confiscation and Destruction of
Maine Legislature, Session 132, LD 1410
Committee: Judiciary
Sponsors: RANA, BEEBE-CENTER

Legislative Document
No. 1410
H.P. 932
House of Representatives, April 1, 2025
An Act to Provide Due Process in Confiscation and Destruction of 
Personal Items of Unhoused Persons
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative RANA of Bangor.
Cosponsored by Senator BEEBE-CENTER of Knox and
Representatives: GOLEK of Harpswell, SATO of Gorham, SINCLAIR of Bath, Senator: 
TALBOT ROSS of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  33 MRSA c. 47 is enacted to read:
CHAPTER 47
PERSONAL PROPERTY OF PERSONS WITHOUT A HOME
§2301.  Confiscation or destruction of personal property of person without home
1.  Confiscation or destruction of personal property.  The State or a state agency, 
county, municipal corporation, school district, law enforcement agency or other public 
corporation or political subdivision of the State may not confiscate or destroy the personal 
property of a person without a home unless:
A.  The personal property is found on public property;
B.  The person without a home is notified no later than 7 calendar days in advance of 
the proposed confiscation or destruction; and
C.  The person without a home is offered the opportunity to attend a hearing to be heard 
on the proposed confiscation or destruction, with the hearing to be conducted as if it 
were an adjudicatory proceeding pursuant to Title 5, sections 9051 to 9064.
2.  Storage of personal property.  If a person without a home does not attend a hearing 
under subsection 1, the person's personal property must be stored at a secure location for 
no less than 90 calendar days and notice must be provided to the person of the address of 
the location and the procedure for retrieving the personal property.
3.  Exceptions.  Notwithstanding subsections 1 and 2, the personal property of a person 
without a home may be confiscated or destroyed if there is an objectively reasonable belief 
that the property is abandoned, presents an immediate threat to public health or safety or is 
evidence of a crime or contraband.
4. Enforcement.  The following provisions govern enforcement of this section.
A.  A person without a home who has had that person's personal property confiscated 
or destroyed in violation of this section may bring an action in Superior Court for 
damages of up to $2,000 for each piece of personal property confiscated or destroyed 
and reasonable attorney's fees.
B.  A person injured by a violation of this section may bring an action for injunctive 
relief to enjoin confiscation or destruction of personal property. If a party seeking an 
injunction prevails, the defendant is liable to pay the cost of suit, including reasonable 
attorney's fees.
SUMMARY
This bill sets out due process requirements for state, county and local government 
entities that confiscate or destroy personal property belonging to persons without a home. 
The bill provides that such due process requirements include a hearing that conforms to the 
Maine Administrative Procedure Act's provisions on adjudicatory proceedings.
The bill provides that if a person without a home does not attend a hearing, the person's 
property must be stored at a secure location for no less than 90 days and notice must be 
provided to the person of the address of the location and the procedure for retrieving the 
personal property.
The bill also provides exceptions to the due process and storage requirements for 
personal property with respect to which there is an objectively reasonable belief that the 
property is abandoned, presents an immediate threat to public health or safety or is evidence 
of a crime or is contraband.
The bill further provides for remedies when a public entity fails to comply, in the form 
of damages and injunctive relief.