| | | 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 |
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