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change is occasioned by a transfer resulting from the exercise or | | threatened exercise of the power of eminent domain, shall result in | | the imposition of a minimum penalty equal to the tax which would | | have been imposed over the 5 years preceding that change of use had | | that real estate been assessed at its highest and best use, less | | all taxes paid on that real estate over the preceding 5 years, and | | interest, upon such reasonable and equitable basis as the | | Legislature shall determine. Any statutory or constitutional | | penalty imposed as a result of a change of use, whether imposed | | before or after the approval of this subsection, shall be | | determined without regard to the presence of minerals, provided | | that, when payment of the penalty is made or demanded, whichever | | occurs first, there is in effect a state excise tax which applies | | or would apply to the mining of those minerals. |
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| | | Constitutional referendum procedure; form of question; effective date. Resolved: | | That the municipal officers of this State shall notify the | | inhabitants of their respective cities, towns and plantations to | | meet, in the manner prescribed by law for holding a statewide | | election, at a statewide election, on the Tuesday following the | | first Monday of November following the passage of this | | resolution, to vote upon the ratification of the amendment | | proposed in this resolution by voting upon the following | | question: |
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| | | "Do you favor amending the Constitution of Maine to permit | | the Legislature to authorize waterfront land used for | | commercial fishing activities to be assessed based on the | | land's current use in a manner similar to treatment now | | available for farms, open space and forestland?" |
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| | | The legal voters of each city, town and plantation shall vote | | by ballot on this question and designate their choice by a cross | | or check mark placed within the corresponding square below the | | word "Yes" or "No." The ballots must be received, sorted, | | counted and declared in open ward, town and plantation meetings | | and returns made to the Secretary of State in the same manner as | | votes for members of the Legislature. The Governor shall review | | the returns and, if it appears that a majority of the legal votes | | are cast in favor of the amendment, the Governor shall proclaim | | that fact without delay and the amendment becomes part of the | | Constitution of Maine on the date of the proclamation; and be it | | further |
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