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LD 958

An Act To Prohibit Eminent Domain On Tribal Lands

132nd Legislature (2025-2026) Introduced by Liz Caruso and 9 co-sponsors

Prohibits eminent domain on tribal lands in Maine, with enforcement by the Attorney General and a minor, absorbable cost to the General Fund.

Placed in the Legislative Files. (DEAD)
#eminentdomain #nativeamericans #relationswithstate
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Bill Summary · LD 958

Summary of LD 958 — An Act To Prohibit Eminent Domain On Tribal Lands

Status: Dead (Placed in Legislative Files after veto override attempt)

Introduced: March 6, 2025
Committee: Judiciary
Sponsor: Rep. Faulkingham (Winter Harbor)

Purpose and intent

LD 958 would prohibit the use of eminent domain on tribal lands. The bill aims to protect lands held by Maine’s Native American tribes from government-condemning actions by the state or its political subdivisions, reinforcing tribal land rights within the state.

Key provisions

  • Prohibition on eminent domain actions on tribal lands. The measure would restrict or bar efforts by state or local authorities to condemn tribal lands for public use.
  • Enforcement and administration: The bill assigns enforcement responsibilities to the Department of the Attorney General.
  • Fiscal impact: The fiscal notes indicate a minor General Fund cost increase to enforce the provisions, with costs capable of being absorbed within existing resources.

Notes on amendments:
- Committee Amendment H-679 was adopted during floor consideration, shaping the final version that advanced through the Legislature.

Who is affected

  • Maine tribes and their lands would be directly affected, as eminent domain actions on tribal lands would be prohibited.
  • State and local government entities that might pursue condemnations would be constrained in those efforts.
  • The Department of the Attorney General would be responsible for enforcing the new prohibitions.

Legislative process and timeline

  • 3/6/2025: Bill introduced and referred to Judiciary.
  • 4/9/2025 and 4/30/2025: Work sessions held; committee divided reports; discussions and amendments pursued.
  • 6/12/2025: Reported OTP/AM-ONTP (Out Today/Amendment) out of committee.
  • 6/13/2025: Committee Amendment "A" (H-679) adopted; bill passed to be engrossed as amended; sent for concurrence.
  • 6/13–6/16/2025: Passed both chambers (with amendments) and sent to the Governor.
  • 6/25/2025: Governor returned objections (veto) under Maine Constitution Art. IV, Part Third, Section 2; House failed to override the veto (Roll Call 586V: 77-63 with 9 absent, 2 excused).
  • 6/25/2025: Bill placed in Legislative Files as Dead (not enacted).

Fiscal note highlights

  • Preliminary fiscal note (LR 1663(01), approved 4/24/25): Minor cost increase to the General Fund; enforcement costs for the Attorney General expected to be small and absorbable within existing resources.
  • Final fiscal note (LR 1663(02), approved 5/5/25): Similar indication of a minor General Fund cost increase; enforcement costs considered minor and absorbable.

Bottom line

LD 958 sought to prohibiting eminent domain on tribal lands in Maine, with enforcement by the Attorney General and a minor anticipated fiscal impact. Although advanced through the Legislature with amendments, the bill was vetoed by the Governor and the House could not override the veto, leaving the bill dead.

Compiled from official sources — confirm details with the bill’s official record.

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