An Act To Protect Title to Real and Personal Property of Public Employees and Public Officials
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, liens and other encumbrances without a legal basis have been filed against property of public employees and public officials; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 14 MRSA c. 755 is enacted to read:
ACTIONS FOR FILING FALSE RECORDABLE INSTRUMENTS AGAINST PUBLIC EMPLOYEES AND PUBLIC OFFICIALS
§ 8601. Actions by public employees and public officials for recordable instruments filed without a legal basis
This subsection is cumulative of other law under which a person may obtain judicial relief with respect to any filed or recorded document.
(1) Is without a legal basis; or
(2) Was filed or presented for filing with the intent that the instrument be used to harass or hinder the public employee or public official in the exercise of the employee's or official's duties.
(1) The greater of:
(a) Ten thousand dollars; and
(b) Damages equal to the amount of the recordable instrument that was filed or attempted to be filed;
(2) Court costs;
(3) Reasonable attorney's fees;
(4) Related expenses of bringing the action, including investigative expenses; and
(5) Punitive damages in an amount determined by the court.
(1) The public employee or public official; and
(2) The Attorney General.
This subsection is cumulative of other law under which a person may obtain judicial relief with respect to any filed or recorded document. This subsection is not intended to be an exclusive remedy.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.