AUGUSTA, Maine — After minimal discussion, the Maine Senate has killed a bill that sought to address compensation for landowners in cases of seizures of their properties for roads or other public facilities.
The Senate vote to kill the “takings” bill came Tuesday, soon after the Legislature met to conclude the 2012 session.
The bill had been heavily debated before lawmakers recessed in mid-April.
The Judiciary Committee worked up a compromise that would have set forth a process for landowners to recoup losses in property values of at least 50 percent due to a state regulation.
But before the vote Tuesday, lawmakers said the bill needs more work next session.
And with the E-W Highway being so hotly debated and protested is it a wonder why this Bill is under so much scrutiny ? Paulie and Company are gonna have a hard time trying to sneak this one past the public, especially since Petey Vigue now, personally, has to go out and try to explain just what and how Cianbro is gonna literally rape the State, claiming it’s all for the public good. We can all see, if we look clearly, that this is already headed for Court, if not in Augusta, then on the Federal level once the 1st Eminent Domain seizure is made under the ‘proper and just compensation’ clause in the 4th Amendment. The Maine Legislature would be well advised to start thinking of a way to get this Act re-called and stood down before this nonsense goes any further since once this hits the Federal level the Highway is going to be swamped with untold number’s of injuction’s and Stop Work order’s until it gets settled. Maine was duped into this. It’s high time that we got ourselves out before we ALL get in any deeper without a way to get out.
I am glad to see this going away. The problem I have with this proposed law was not the eminant domain part (actually laws covering this already). But the regulations part. Basically the state would have been on the hook to pay the loss of value on land if a new regulation prevented an owner from doing something. Say for instance a certain mountain and mining. An Owner says it contains hundreds of millions in gold. And the state turns around and makes a new regulation they can only mine without using caustic chemicals to protect the local watershed. But that method is the only cost effective way to mine that certain area. By this proposed law. The state would have been on the hook to the “owner” to compensate them for not being able to mine their property (the state effictively reduced the value of their proterty)! The current state government is so concerned about tax payers getting too much aid from the state. And yet turn around and make up this law that is basically corporate welfare!!! They claim its for the average citizen, but everyone knows its for the major land holders in Maine! It’s also funny how this was dropped so easily, after the EXTREMELY bad law that allowed mining in a certain area to go ahead with fewer regulations.
What you are talking about is considered a regulatory “taking” of property, as such depending on what case law is considered, it is a taking when the state or government restricts your property use, and as such the state is still potentially on the hook. A %5o deal would be bad for the landowners.
I wonder how Angus King would have voted on this matter.
Einstein, believe it or not he may get another chance at it if he gets elected. If this whole thing winds up in Federal Court, King may have to testify if any of this Act was written or proposed while he was Governor, if for no other reason than to provide the Court with some historical background and context. And if King winds up on any of the Transportation Sub-Committee’s you can bet your daughter’s virtue that he’s gonna have a lot of ‘say’ if this whole mess winds up in the Federal DOT’s lap. Cianbro stuck their head into this doghouse, thinking that there was no one home. They have since found out very differently.
Henry Joy, when he was serving in the House, had made a proposal, and had it argured here in BDN, that called for a severing of Souhern Maine and Northern Maine several years ago. This Highway Act all but makes this a ‘done deal’ short of the actual legalites gone thru. Ask yourself this. Who benefit’s ? Hmmm……….