reglab/housing_qa huggingface dataset:
33 ME Rev Stat § 101 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 5: RULE AGAINST PERPETUITIES|33 §101. Application of rule (REPEALED)

 §101. Application of rule (REPEALED)SECTION HISTORY PL 2017, c. 402, Pt. B, §1 (RP). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
33 ME Rev Stat § 101-A (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 5: RULE AGAINST PERPETUITIES|33 §101-A. Trusts exempt from rule against perpetuities (REPEALED)

 §101-A. Trusts exempt from rule against perpetuities (REPEALED)SECTION HISTORY PL 1999, c. 391, §1 (NEW). PL 2017, c. 402, Pt. B, §1 (RP). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
33 ME Rev Stat § 102 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 5: RULE AGAINST PERPETUITIES|33 §102. Age may be reduced to 21 (REPEALED)

 §102. Age may be reduced to 21 (REPEALED)SECTION HISTORY PL 2017, c. 402, Pt. B, §1 (RP). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
33 ME Rev Stat § 103 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 5: RULE AGAINST PERPETUITIES|33 §103. Contingent interests (REPEALED)

 §103. Contingent interests (REPEALED)SECTION HISTORY PL 2017, c. 402, Pt. B, §1 (RP). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
33 ME Rev Stat § 104 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 5: RULE AGAINST PERPETUITIES|33 §104. Application of provisions (REPEALED)

 §104. Application of provisions (REPEALED)SECTION HISTORY PL 2017, c. 402, Pt. B, §1 (RP). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
33 ME Rev Stat § 105 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 5: RULE AGAINST PERPETUITIES|33 §105. Retroactive effect (REPEALED)

 §105. Retroactive effect (REPEALED)SECTION HISTORY PL 2017, c. 402, Pt. B, §1 (RP). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
33 ME Rev Stat § 106 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 5: RULE AGAINST PERPETUITIES|33 §106. Instruments affected (REPEALED)

 §106. Instruments affected (REPEALED)SECTION HISTORY PL 2017, c. 402, Pt. B, §1 (RP). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
33 ME Rev Stat § 112 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 5-A: RULE AGAINST PERPETUITIES|33 §112. When nonvested property interest or power of appointment created

 §112. When nonvested property interest or power of appointment created 1.  General principles.  Except as provided in subsections 2 and 3 and in section 115, subsection 1, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.   [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2.  Unqualified beneficial owner.  For purposes of this chapter, if there is an individual who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of a nonvested property interest or a property interest subject to a power of appointment described in section 111, subsection 2 or 3, the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.   [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 3.  Arising out of transfer of property.  For purposes of this chapter, a nonvested property interest or a power of appointment arising out of a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.   [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. B, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
33 ME Rev Stat § 113 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 5-A: RULE AGAINST PERPETUITIES|33 §113. Reformation

 §113. Reformation Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and so that the reformed disposition is within the 90 years allowed by section 111, subsection 1, paragraph B; section 111, subsection 2, paragraph B; or section 111, subsection 3, paragraph B if:   [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]1.  Nonvested property interest or power of appointment.  A nonvested property interest or a power of appointment becomes invalid under section 111;   [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2.  Class gift.  A class gift is not but might become invalid under section 111 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or   [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 3.  Certain nonvested property interest not validated.  A nonvested property interest that is not validated by section 111, subsection 1, paragraph A can vest but not within 90 years after its creation.   [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. B, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
33 ME Rev Stat § 115 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 5-A: RULE AGAINST PERPETUITIES|33 §115. Application

 §115. Application 1.  Nonvested property interest or a power of appointment created prior to effective date of this chapter.  This subsection governs nonvested property interests and powers of appointment created prior to July 1, 2019.   A. Except as provided in section 116, subsection 1, this chapter may not be construed to invalidate or modify the terms of any limitation that would have been valid prior to August 20, 1955.   [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]B. This chapter applies only to inter vivos instruments taking effect after August 20, 1955, to wills if the testator dies after August 20, 1955 and to appointments made after August 20, 1955, including appointments by inter vivos instruments or wills under powers created before August 20, 1955.   [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]C. Section 114, subsection 7 applies to all trusts created by will or inter vivos instrument executed or amended on or after July 1, 2019 and to all trusts created by exercise of power of appointment granted under instruments executed or amended on or after July 1, 2019.   [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]D. If a nonvested property interest or a power of appointment was created before July 1, 2019 and is determined in a judicial proceeding, commenced on or after July 1, 2019, to violate this State's rule against perpetuities as that rule existed before July 1, 2019, a court upon the petition of an interested person may reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and so that the reformed disposition is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.   [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).][PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2.  Nonvested property interest or a power of appointment created on or after July 1, 2019.  Except as provided by subsection 1, paragraph D, this chapter applies to a nonvested property interest or a power of appointment that is created on or after July 1, 2019.   [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 3.  Creation by exercise of a power of appointment.  For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.   [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. B, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
33 ME Rev Stat § 116 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 5-A: RULE AGAINST PERPETUITIES|33 §116. Contingent interests

 §116. Contingent interests 1.  Specified contingency within 30 years.  Except as provided in subsection 2, a fee simple determinable in land or a fee simple in land subject to a right of entry for condition broken becomes a fee simple absolute if the specified contingency does not occur within 30 years from the date when the fee simple determinable or the fee simple subject to a right of entry becomes possessory. If the specified contingency occurs within the 30 years, the succeeding interest, which may be an interest in a person other than the individual creating the interest or that individual's heirs, becomes possessory or the right of entry exercisable notwithstanding the rule against perpetuities.   [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2.  Contingency within period.  If a fee simple determinable in land or a fee simple in land subject to a right of entry for condition broken is so limited that the specified contingency must occur, if at all, within the period of the rule against perpetuities, the interests take effect as limited.   [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 3.  Not applicable to public, charitable or religious purposes; grant to State or political subdivision.  This section does not apply:   A. If both the fee simple determinable and the succeeding interest or both the fee simple and the right of entry are for public, charitable or religious purposes; or   [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]B. To a deed, gift or grant to the State or any political subdivision of the State.   [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).][PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. B, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
33 ME Rev Stat § 117 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 5-A: RULE AGAINST PERPETUITIES|33 §117. Application of provisions

 §117. Application of provisions This chapter applies to both legal and equitable interests.   [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]SECTION HISTORY PL 2017, c. 402, Pt. B, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
33 ME Rev Stat § 118 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 5-A: RULE AGAINST PERPETUITIES|33 §118. Supersession

 §118. Supersession This chapter supersedes the rule of the common law known as the rule against perpetuities and it replaces chapter 5.   [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]SECTION HISTORY PL 2017, c. 402, Pt. B, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
33 ME Rev Stat § 121 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 6: AFFORDABLE HOUSING COVENANTS|33 §121. Definitions

 §121. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1991, c. 373 (NEW).]1.  Affordable housing covenant.  "Affordable housing covenant" means any agreement among one or more owners, one or more tenants of residential real estate and one or more qualified holders, or between one or more owners and one or more qualified holders, or between one or more tenants and one or more qualified holders, that permits a qualified holder to control, either directly or indirectly, the purchase price of residential housing for the primary purpose of providing that the housing remains affordable to lower income and moderate-income households.   [PL 1991, c. 373 (NEW).] 2.  Lower income and moderate-income households.  "Lower income and moderate-income households" means very low-income, low-income and moderate-income households as defined in the Affordable Housing Partnership Act of 1989.   [PL 1991, c. 373 (NEW).] 3.  Qualified holder.  "Qualified holder" means a governmental entity empowered to hold an interest in real property under the laws of this State or the United States or a nonprofit organization whose purposes include the provision of affordable housing or the increasing of affordable housing opportunities for lower income or moderate-income households including governmental or quasi-governmental entities such as public housing authorities, community action agencies or other similar nonprofit or governmental entities committed to providing opportunities for lower income or moderate-income households to obtain affordable housing.   [PL 1991, c. 373 (NEW).] SECTION HISTORY PL 1991, c. 373 (NEW).
33 ME Rev Stat § 122 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 6: AFFORDABLE HOUSING COVENANTS|33 §122. Creation; conveyance; acceptance; duration

 §122. Creation; conveyance; acceptance; duration 1.  Affordable housing covenant.  Except as otherwise provided in this chapter, an affordable housing covenant may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other covenants created by written instrument.   [PL 1991, c. 373 (NEW).] 2.  Right or duty.  A right or duty in favor of or against a qualified holder may not arise under an affordable housing covenant unless it is accepted by the qualified holder.   [PL 1991, c. 373 (NEW).] 3.  Limitation.  Except as provided in this chapter, an affordable housing covenant is unlimited in duration unless:   A. The instrument creating it provides otherwise; or   [PL 1991, c. 373 (NEW).]B. A change of circumstances renders the affordable housing covenant no longer in the public interest as determined in an action under section 123, subsection 3.   [PL 1991, c. 373 (NEW).][PL 1991, c. 373 (NEW).] 4.  Interest.  An interest in real property in existence at the time that an affordable housing covenant is created is not impaired by the affordable housing covenant unless the owner of the interest is a party to the affordable housing covenant.   [PL 1991, c. 373 (NEW).] 5.  Right to enter land.  The instrument creating an affordable housing covenant must designate the manner in which and the times when representatives of the holder of an affordable housing covenant are entitled to enter the real property to assure compliance.   [PL 1991, c. 373 (NEW).] SECTION HISTORY PL 1991, c. 373 (NEW).
33 ME Rev Stat § 123 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 6: AFFORDABLE HOUSING COVENANTS|33 §123. Judicial actions

 §123. Judicial actions 1.  Owners; qualified holders.  An action affecting an affordable housing covenant may be brought or intervened in by:   A. An owner of an interest in the real property burdened by the covenant; or   [PL 1991, c. 373 (NEW).]B. A qualified holder of the benefit of the affordable housing covenant.   [PL 1991, c. 373 (NEW).][PL 1991, c. 373 (NEW).] 2.  State; political subdivision.  An action affecting an affordable housing covenant may be intervened in by the State or a political subdivision of the State in which the real property burdened by the covenant is located.   [PL 1991, c. 373 (NEW).] 3.  Power of court.  This chapter does not affect the power of a court to enforce an affordable housing covenant by injunction or proceeding in equity or to modify or terminate an affordable housing covenant in accordance with principles of law and equity. A court may deny equitable enforcement of an affordable housing covenant when it finds that a change of circumstances has rendered that covenant no longer in the public interest. If the court so finds, the court may allow damages as the only remedy in an action to enforce the affordable housing covenant.   A comparative economic test may not be used to determine under this subsection if an affordable housing covenant is in the public interest.   [PL 1991, c. 373 (NEW).] SECTION HISTORY PL 1991, c. 373 (NEW).
33 ME Rev Stat § 124 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 6: AFFORDABLE HOUSING COVENANTS|33 §124. Scope of affordable housing covenant

 §124. Scope of affordable housing covenant An affordable housing covenant may include any of the following agreements affecting residential real estate:   [PL 1991, c. 373 (NEW).]1.  Resale price of residential real estate.  To limit the resale price of residential real estate;   [PL 1991, c. 373 (NEW).] 2.  Amount of equity appreciation.  To limit the amount of equity appreciation that a landowner may derive from ownership of residential real estate;   [PL 1991, c. 373 (NEW).] 3.  Improvements to residential real estate.  To limit the extent or dollar value of improvements that may be made to residential real estate;   [PL 1991, c. 373 (NEW).] 4.  Class of persons to whom residential real estate may be sold.  To restrict the class of persons to whom residential real estate may be sold or leased, as long as that restriction does not discriminate based upon race, color, sex, physical or mental disability, religion, ancestry or national origin and does not otherwise contravene the Constitution of Maine or the United States Constitution;   [PL 2021, c. 348, §51 (AMD).] 5.  Options to purchase.  To grant rights of first refusal or options to purchase to qualified holders;   [PL 1991, c. 373 (NEW).] 6.  Maintenance and insurance of residential real estate.  To maintain and insure residential real estate;   [PL 1991, c. 373 (NEW).] 7.  Right of qualified holders to enter and inspect.  In accordance with section 122, subsection 5, to provide to qualified holders the right to periodic entry and inspection of residential real estate at reasonable times and after reasonable notice;   [PL 1991, c. 373 (NEW).] 8.  Construction and materials.  To restrict, limit or specify types of construction and materials that may be used in the construction of or improvements to residential real estate; and   [PL 1991, c. 373 (NEW).] 9.  Acts that may enhance affordability of residential real estate.  To prohibit, limit or require other acts that may enhance the affordability of residential real estate over time to lower income or moderate-income households.   [PL 1991, c. 373 (NEW).] SECTION HISTORY PL 1991, c. 373 (NEW). PL 2021, c. 348, §51 (AMD).
33 ME Rev Stat § 125 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 6: AFFORDABLE HOUSING COVENANTS|33 §125. Validity

 §125. Validity An affordable housing covenant is valid and enforceable even when any of the following apply.   [PL 1991, c. 373 (NEW).]1.  Not appurtenant to interest in real property.  The affordable housing covenant is not appurtenant and does not run with an interest in real property.   [PL 1991, c. 373 (NEW).] 2.  Assignable to another holder.  The affordable housing covenant can be or has been assigned to another qualified holder.   [PL 1991, c. 373 (NEW).] 3.  Not recognized at common law.  The affordable housing covenant is not of a character traditionally recognized at common law.   [PL 1991, c. 373 (NEW).] 4.  Imposes a negative burden.  The affordable housing covenant imposes a negative burden.   [PL 1991, c. 373 (NEW).] 5.  Imposes affirmative obligations.  The affordable housing covenant imposes affirmative obligations upon the owner of an interest in the burdened property or upon the qualified holder.   [PL 1991, c. 373 (NEW).] 6.  Benefit does not touch or concern real property.  The benefit of the affordable housing covenant is held by a qualified holder who has not retained property that would benefit from enforcement of the affordable housing covenant against the burdened property, or the benefit does not touch or concern real property in any other way.   [PL 1991, c. 373 (NEW).] 7.  No privity of estate or contract.  There is no privity of estate or privity of contract.   [PL 1991, c. 373 (NEW).] 8.  Does not run to successors or assigns.  The affordable housing covenant does not run to the successors or assigns of the qualified holder.   [PL 1991, c. 373 (NEW).] 9.  Unreasonable restraint on alienability.  The affordable housing covenant may be construed by a court to be an unreasonable restraint on alienability.   [PL 1991, c. 373 (NEW).] 10.  In violation of rule against perpetuities.  The affordable housing covenant may be construed by a court to violate the rule against perpetuities.   [PL 1991, c. 373 (NEW).] SECTION HISTORY PL 1991, c. 373 (NEW).
33 ME Rev Stat § 126 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 6: AFFORDABLE HOUSING COVENANTS|33 §126. Application

 §126. Application 1.  Interest created after effective date.  This chapter applies to any interest that complies with this chapter created after the effective date of this chapter, whether designated as an affordable housing covenant or an equitable servitude, restriction easement or other interest.   [PL 1991, c. 373 (NEW).] 2.  Affordable housing covenant created before effective date.  This chapter applies to any affordable housing covenant created before the effective date of this chapter if the affordable housing covenant would have been enforceable had it been created after the effective date of this chapter, unless retroactive application contravenes the Constitution of Maine or the United States Constitution.   [PL 1991, c. 373 (NEW).] 3.  Chapter does not invalidate interest.  This chapter does not invalidate any interest, whether designated as an affordable housing covenant or an equitable servitude, restriction, easement or other interest, that is enforceable under other laws of this State.   [PL 1991, c. 373 (NEW).] SECTION HISTORY PL 1991, c. 373 (NEW).