Sec. 1. 1 MRSA c. 22 is enacted to read:

CHAPTER 22

REGULATORY PROPERTY TAKINGS COMPENSATION

§851.__Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1.__Implementation of a regulation.__"Implementation of a regulation" means the rendering of a final administrative decision on an application for decision under a regulation, the occurrence of the effective date of a regulation or any other application of the regulation to a piece of property.

2.__Preregulatory fair market value.__"Preregulatory fair market value" means the fair market value of a piece of property on the day before a regulation caused the property value to fall.

3.__Regulation.__"Regulation" means any law, rule or ordinance that directly or indirectly affects the value of property, including a land use or zoning ordinance or law, except that it does not include any tax regulation or penalty action related to a piece of property.

§852.__Regulatory takings

1.__Regulatory takings.__For purposes of this chapter, property is deemed taken by a governmental unit for the use of the public whenever implementation of a regulation by this State or a political subdivision of the State reduces the fair market value of the property and:

A.__There is destruction, damage or trespass on the property; or

B.__There is a restriction on the rightful use of the property.

2.__Purchase or compensation required.__The owner of property deemed to be taken under subsection 1 may file a petition in Superior Court in the district in which the property is located to require the governmental unit that imposed the regulation to pay compensation for the reduction in value caused by the regulation.__The property owner may elect to have the issue of compensation decided by a jury.