http://www.pressherald.com/news/lepage-loosen-dozens-of-rules-on-environment_2011-01-25.htmlNot that it explains a whole lot though...
I have questions about which lands he intends to open to development. For example there is a lot of land currently restricted from such activity by Conservation Easements. These are lands upon which the State of Maine
bought (not simply legislated) restrictions to development in the form of Conservation Easements. Many of these easements require that access be permitted for Maine citizens. If LePage intends to include Conservation Easement lands in his development scheme, it seems to me as if he'd be running afoul of a bought and paid for agreement.
And what about those lands currently receiving huge tax breaks paid for by the people of the State of Maine via Tree Growth Taxation laws? The original intent of the law was to allow landowners tax breaks based on current use value of the land (since the payoff doesn't come until tree harvesting). When it was first enacted in 1972, it (arguably) made sense, since at the time most of the land was held by Paper Companies as well as small landowners who also had their lands tied up for purpose of growing and eventually harvesting the trees. The payoff to the people of Maine supposedly being the Timber Industry jobs provided.
Many things have changed since 1972, the biggest being that while tree harvesting still continues, most land in Tree Growth is no longer owned by people whose only intent is to harvest trees. In fact, as far as I know there are currently NO Paper Company owned lands left...(someone correct me if I'm wrong) The current land owners are a tangled mess of various entities (like Plum Creek) whose intent is dubious at best IMO.
IF LePage intends to allow for development on lands in Tree Growth and/or lands w/Conservation Easements on them, shit better be hitting the fan for him and the monied interests that he is
clearly advocating for. Starting w/lands in Tree Growth. I've long felt that that particular tax give-away needs to be re-evaluated based on current circumstances. But
especially if LePage specifically intends to a ease restrictions to allow for development. Plum Creek has quietly been pulling these shenanigans through various loopholes but an outright In-Your-Face nod to development and developers should be the END of Tree Growth tax breaks for wealthy landowners.
And as far as lands w/Maine-bought conservation easements on them?... If he tries to rescind restrictions that we, the people of this state PAID for, I think some breach-of-contract fines/penalties are in order. Just how that would/could come about, I don't know, (I'm no real estate attorney) but I don't see how it could even be legal.
:grr:
Random info on Tree Growth TaxationThe Maine Legislature enacted the Tree Growth Tax Law in 1972 to help Maine landowners maintain their property as productive woodlands, and to broadly support Maine’s wood products industry. By choosing to develop a Woodland Management Plan designed to realize the value of your timber (and meet other goals for your forest) through well-planned harvests over time, your property may be eligible for enrollment. You should be sure you understand all of the benefits of Maine's Tree Growth Tax Law, as well as the penalties for removing your land from the program.
View Property Tax Bulletin No. 19 - Maine Tree Growth Tax Law
To enroll your property in the Maine Tree Growth Tax Program, you must have at least ten acres of forest land managed primarily for the production of commercial forest products. You may benefit from a reduction in property taxes, making it more affordable for you to own and manage your woodland. The decision to enroll land in the Maine Tree Growth Tax Program is a long term one. The penalties for removing land from the program can be high, so consider all the aspects before enrolling.
http://www.maine.gov/doc/mfs/woodswise/growth.htmlRandom info on Conservation Easements1. What is a conservation easement?
A conservation easement is a legally enforceable restriction on the future uses of property, which can be sold or granted as a gift by the land’s current owners. Granted in the form of a deed to a governmental entity or qualified conservation land trust, it is designed to preserve and protect the land’s conservation values over time, while leaving the land in private ownership and on the tax rolls. The holders of the easement have the right enforce the restrictions on the land.
Conservation easements can be designed to keep a property in an essentially wild state, or to allow limited residential uses, farming and forestry. Some conservation easements grant public access on or over the private lands. All future owners of the land take it subject to the easement’s restrictions. Conservation Easements are authorized under state and federal law and have certain requirements that must be met to make them legally binding and, in the case of federal law, to make them deductible as a charitable gift. Experienced legal and accounting advice is essential to the landowner in making a decision to grant a permanent conservation easement. (see Title 33 MRS §476 et seq)
2. What is the purpose of the registry?
Conservation easements have become a very common tool used to protect Maine’s special character including its fish and wildlife habitat, farms, working forests, other natural resources, scenery, and outdoor recreation opportunities.In 2007, the Maine Legislature enacted a series of amendments to Maine law authorizing conservation easements (see now Title 33 MRS §476 et seq). Of particular note is the new requirement that conservation easement holder monitor each of its easements at least once every three years. Because most conservation easements create perpetual restrictions on the use of the properties they affect, the Legislature also decided that it would important to create a central registry of conservation easements to facilitate oversight and to track the use of conservation easements throughout the state.
https://www.maine.gov/online/spo/cer/faq/