Sec. 1. 5 MRSA c. 314, sub-c. III is enacted to read:

SUBCHAPTER III

PRIVATE PROPERTY AND INDIVIDUAL RIGHTS PROTECTION ACT

§3345.__Short title

This chapter may be known and cited as the "Private Property and Individual Rights Protection Act."

§3346.__Private Property and Individual Rights Protection Act

1.__Established.__The Private Property and Individual Rights Protection Act is established to protect the owners of private property against uncompensated taking of private property and the usurpation of other individual rights by the State Government or its political subdivisions through laws, policies, rules or ordinances.

2.__Definitions.__As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Agency" has the same meaning as is contained in Title 5, section 8002, subsection 2.

B.__"Constitutional taking" or "taking" means the taking of private property due to a governmental action such that compensation to the owner of the property is or would be required by either:

(1) The United States Constitution, Amendment V; or

(2)__The Constitution of the Maine, Article I, Section 21.

C.__"Economic impact analysis" means the measurement of the likely impact of a proposed or actual governmental action on the economy of the State or a political subdivision.

D.__"Exaction" means the surrendering of a portion of the rights or value of an owner's property in exchange for governmental permission to develop the property in a proposed manner.

E.__"Governmental action" means: