Maine Senate Rejects Controversial “Takings” Bill
GOP-led measure would have opened flood gates for lawsuits and pit landowners against taxpayers
AUGUSTA – The Maine Senate through “indefinite postponement” rejected a controversial overhaul of regulatory land-use rules, known as the “takings” bill. If passed, LD 1810 would have allowed property owners to initiate action without going through a permitting process. There would be major uncertainty about how to determine what constitutes “suitable” use upon which a claim can be made.
“Thankfully the Republicans saw the light and gave up their fight on passing a measure that would have cost millions of dollars to Maine taxpayers,” said Senator Phil Bartlett of Gorham. “Worse, it would have hampered future legislatures from passing laws needed to protect Maine’s economy, environment, and communities.”
Democrats argued that LD 1810 would have increased lawsuits, pit landowners against taxpayers, and resulted in a financial windfall for special interest lawyers. The measure would have allowed state agencies and the courts to waive land use rules and regulations for any kind of development.
“This measure was the wrong way to address concerns with land use regulations,” said Senator Seth Goodall of Richmond. “A better approach is to make sure that we mindfully strike the right balance between protecting our natural resources while not overburdening property owners.”
The Senate ignored a bipartisan alternative, which earned the support of the majority of members vote of the state’s Judiciary Committee. The bipartisan proposal would have made last year’s Regulatory Fairness Committee a standing legislative committee. The panel would meet regularly to hear complaints about regulations and recommend legislation to address them.
“The only ones to benefit from this measure would have been the special interest lawyers and those who can afford to pay for them,” said Senator Cynthia Dill of Cape Elizabeth who also serves on the Judiciary Committee.
The Takings Study Committee Report, which showed that nearly 100 percent of permit applications to the DEP have been approved in the last 10 years.