MAINE STATE CHAMBER OF COMMERCE
  • About Us
    • Connect with Us
    • Affiliates & Partners
    • Our Board
    • Meet the Team
    • President's Message
    • External Social Media Policy
  • Membership
    • Benefits of Membership
    • Join the Chamber
    • Return on Investment
    • Member Search
  • Public Policy
    • Public Hearings of Interest
    • Legislation of Interest
    • Public Policy Committees
    • Grassroot Resources
    • Find Your Legislator >
      • Representatives
      • Senators
  • Events
    • Calendar of Events
    • 2022 Annual Meeting
    • Sponsorship Opportunities
    • Business Day at the Statehouse
    • Board Meetings & Board Events
    • DC Fly-In
    • Legislative Social
    • Policy Issues Workshops
    • Regional Breakfasts
    • Scramble for Scholars
    • Webinars by The Maine State Chamber of Commerce
  • Initiatives
    • Campus Career Connect
    • Dream It. Do It.
    • Education Foundation
    • Keep Maine Competitive
    • Maine Economic Research Institute (MERI)
    • This is ME Counting on You
    • Senior Leaders of Tomorrow Development Program
  • Newsroom
    • COVID-19 Resources
    • Impact Newsletter
    • MSCC Blog
    • The Bottom Line
    • The Maine Take
    • Making Maine Work
    • MERI Roll Call
    • OneVoice Maine Magazine
    • Policy Brief Series with Educate Maine
    • Press Kit
  • Member Login

“Dark stores” bill becomes law without Governor’s signature

6/9/2022

0 Comments

 
Voting mostly along party lines, the Maine House of Representatives (76-53) and the Senate (22-11) to enact LD 1129, An Act Relating to the Valuation of Improved Real Property, sponsored by Rep. Ann Matlack (D-St. George). The Maine State Chamber testified in opposition to LD 1129 at the public hearing and worked hard against the bill, but unfortunately, it passed.
Proponents of this bill argued that it was aimed at big box or so called “dark stores.” However, the law as passed tells a far different story. Essentially, the law prohibits assessors from considering issues like deed restrictions, easements, and encumbrances (potentially zoning restrictions) when valuing similar property with no such restrictions. The bill itself was amended in committee, the title was changed, and the language broadened to include all improved real property, both residential and commercial. The amended bill attempted to solve through legislation what is essentially a litigation issue at the municipal level. However, what it really does is favor municipalities at the expense of taxpayers’ rights and implies a taxpayer’s ability to challenge certain assessments. So, to continue to portray this as just a “dark stores” bill is not accurate.

The law deviates substantially from judicial precedent because it prohibits an assessor from being able to consider issues like deed restrictions, easements, and encumbrances (potentially including zoning restrictions) when valuing similar property with no such restrictions. In addition, the limiting term of “improved property” narrows the application of the three methodologies recently clarified by the Law Court, which did not distinguish between improved and unimproved land. This could raise questions as to the legislature’s intent with respect to unimproved property.

Basically, LD 1129 (Public Law chapter 663) is an attempt by municipalities to stop companies from challenging assessments because they deem the process to be too costly. This legislation will not stop litigation; in fact, it could have unintended consequences. Taxpayers should have the right to appeal a property tax assessment they deem to be unjust. Ultimately, assessments are best left to the assessor for determining values of property, both improved and unimproved.

Unfortunately, the Editorial Board of the Portland Press Herald decided to weigh in publicly on the “dark stores” issue. Attempts by the Maine State Chamber to publish a rebuttal of that editorial in support of the bill went unanswered. If you have any questions, please contact Linda Caprara, senior government relations specialist, by calling (207) 623-4568, ext. 106, or by emailing lcaprara@mainechamber.org.
0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Archives

    March 2023
    February 2023
    January 2023
    December 2022
    September 2022
    August 2022
    June 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    September 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    August 2020
    July 2020
    June 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019

    RSS Feed

Copyright Maine State Chamber of Commerce. All rights reserved.
 128 State Street | Suite 101 | Augusta, ME 04330-5630
 Phone: (207) 623-4568
For media inquiries, please contact Jen Webber, (207) 939-0213
For membership inquiries, please contact Mark Ellis. (207) 623-4568
  • About Us
    • Connect with Us
    • Affiliates & Partners
    • Our Board
    • Meet the Team
    • President's Message
    • External Social Media Policy
  • Membership
    • Benefits of Membership
    • Join the Chamber
    • Return on Investment
    • Member Search
  • Public Policy
    • Public Hearings of Interest
    • Legislation of Interest
    • Public Policy Committees
    • Grassroot Resources
    • Find Your Legislator >
      • Representatives
      • Senators
  • Events
    • Calendar of Events
    • 2022 Annual Meeting
    • Sponsorship Opportunities
    • Business Day at the Statehouse
    • Board Meetings & Board Events
    • DC Fly-In
    • Legislative Social
    • Policy Issues Workshops
    • Regional Breakfasts
    • Scramble for Scholars
    • Webinars by The Maine State Chamber of Commerce
  • Initiatives
    • Campus Career Connect
    • Dream It. Do It.
    • Education Foundation
    • Keep Maine Competitive
    • Maine Economic Research Institute (MERI)
    • This is ME Counting on You
    • Senior Leaders of Tomorrow Development Program
  • Newsroom
    • COVID-19 Resources
    • Impact Newsletter
    • MSCC Blog
    • The Bottom Line
    • The Maine Take
    • Making Maine Work
    • MERI Roll Call
    • OneVoice Maine Magazine
    • Policy Brief Series with Educate Maine
    • Press Kit
  • Member Login