| | | Constitutional amendment. Resolved: Two thirds of each branch of the | | Legislature concurring, that the following amendment to the | | Constitution of Maine be proposed: |
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| | | Constitution, Art. IX, §8, sub-§2 is amended to read: |
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| | | 2. Assessment of certain lands based on current use; penalty | | on change to higher use. The Legislature shall have power to | | provide for the assessment of the following types of real estate | | whenever situated in accordance with a valuation based upon the | | current use thereof and in accordance with such conditions as the | | Legislature may enact: |
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| | | A. Farms and agricultural lands, timberlands and woodlands; |
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| | | B. Open space lands which are used for recreation or the | enjoyment of scenic natural beauty; and |
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| | C. Lands used for game management or wildlife sanctuaries.; | | and |
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| | | D.__Waterfront land and structures used primarily for | | commercial fishing purposes, including, but not limited to, | | access, dockage, processing, vessel and gear storage and the | | purchase of marine products from a person who fishes | | commercially. |
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| | | In implementing paragraphs A, B and, C and D, the Legislature | | shall provide that any change of use higher than those set forth | in paragraphs A, B and, C and D, except when the 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 |
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