LD 1990
pg. 2
Page 1 of 6 An Act to Require Economic and Taking Impact Analyses to Protect Individual Rig... Page 3 of 6
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LR 2411
Item 1

 
(1)__A rule proposed or adopted by a state agency,
including an emergency rule, that may limit the use of
private property;

 
(2)__A proposed or implemented licensing or permitting
condition, requirement or limitation on the use of
private property unless the condition, requirement or
limitation is in accordance with applicable state or
federal laws, rules or regulations;

 
(3)__A required dedication or exaction from an owner of
private property; or

 
(4)__Statutes of this State.

 
"Governmental action" does not include an activity in which
the power of eminent domain is exercised; repealing rules,
discontinuing governmental programs or amending rules in a
manner that lessens interference with the use of private
property; law enforcement activity involving seizure or
forfeitures of private property for violations of law or as
evidence in criminal proceedings; or an order or enforcement
action that is issued by a state agency or a court of law in
accordance with applicable federal laws or state statutes.

 
F.__"Permit review expenses" means all biological,
historical or cultural survey expenses or other expenses
beyond the presentation of project design expenses that are
required of property owners by a state agency or political
subdivision.

 
G.__"Political subdivision" means a county, municipality,
special district, school administrative district or other
local government unit in the State.

 
H.__"Private property" means any school or institutional
trust lands and any real or personal property in the State
that is protected by the United States Constitution,
Amendment V or the Constitution of Maine, Article I, Section
21.

 
I.__"Takings impact analysis" means the measurement of the
likely impact of a proposed or actual governmental action on
the value of an owner's property.__For the purpose of this
subchapter, a "takings impact analysis" requires the State
or its political subdivisions to determine whether a
governmental action or proposed governmental action may be a
constitutional taking by preparing an assessment that
includes:

 
A.__A description of how the taking affects the use or
value of private property;


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