Legislature To Consider Study Committee Report On Regulatory Takings

A "regulatory taking" happens when government land use regulations, such as vernal pool regulations and waterfowl habitat buffer restrictions, diminish a landowner's property value so much that it is the equivalent to a seizure of that land. Maine courts that have considered claims for compensation by landowners affected by burdensome land use regulations have established a standard that makes it virtually impossible for a landowner to receive any relief. In brief, under current law, if you can still pitch a tent or park a trailer on your property, no compensation will be granted. In reaction to this court-made standard for regulatory takings, a group of landowners came forward last year to support the creation of a statutory mechanism to provide relief to Maine landowners. Given the complexity of the issue, the Legislature created and funded a legislative study committee charged with making recommendations regarding regulatory takings.