A.__Is an exercise of the police power to prevent property use that is noxious or poses demonstrable harm to the health and safety of the public.__A use is considered a noxious use only if it amounts to a public nuisance in fact.__ Determination by a governmental unit that a use is noxious or poses a demonstrable harm to public health and safety is not binding on the court.__Review of that determination must be de novo; or

B.__Produces benefits to the owner of the piece of property equivalent to or greater than any loss in fair market value.

§853.__Statute of limitations

1.__Injuries to real property.__The statute of limitations for actions brought pursuant to this chapter is the statute of limitations for civil actions for injuries to real property.__The statute of limitations begins to run when a final administrative decision is issued affecting that property, except that, if passage of the regulation alone reduces the fair market value of real property without further governmental action and the regulation contains no provision for relief from the regulation's operation, the statute of limitations begins to run on the date the regulation becomes effective.

2.__Application.__This chapter applies to regulations that are applied or that become effective after the effective date of this chapter.

§854.__Legal challenges

This chapter does not preclude a property owner from challenging a regulation affected by this chapter under any other law or constitutional provision.

SUMMARY

This bill allows a property owner to seek compensation from a unit of government in Maine when a regulation imposed by that unit of government reduces the fair market value of the property and there is destruction or damage to or trespass upon the property or a loss of the rightful use of the property. Compensation must be equivalent to the loss in value. The bill provides exceptions to compensation for regulations that protect public health and safety or that produce benefits to the property owner that equal or exceed the loss in value.