Maine LD 2162: An Act Regarding The Homestead Property Tax Exemption And The Property Value Reassessment Process

Bill Text

Page 1 - 131LR2718(03)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
H.P. 1384 - L.D. 2162
An Act Regarding the Current Use Valuation of Working Waterfront 
Property
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  36 MRSA §1132, sub-§11, as enacted by PL 2007, c. 466, Pt. A, §58, is 
amended to read:
11.  Working waterfront land.  "Working waterfront land" means a parcel of land, or 
a  portion  thereof,  abutting  that  fully  or  partially  abuts  water  to  the  head  of  tide  or  land 
located in the intertidal zone that is used primarily or used predominantly to provide access 
to or support the conduct of commercial fishing activities.  "Working waterfront land" also 
includes  a  wharf  or  pier  used  primarily  or  used  predominantly  by  persons  engaged  in 
commercial fishing activities that include berthing a boat and the location of small fishing 
houses  for  commercial  fishing  gear  maintenance  and  storage.    For  purposes  of  this 
subchapter, a parcel is deemed to include a unit of real estate notwithstanding the fact that 
it is divided by a road, way, railroad or pipeline.
Sec. 2.  36 MRSA §1135, sub-§2, ¶A, as enacted by PL 2007, c. 466, Pt. A, §58, 
is amended to read:
A.  Working waterfront land used predominantly as working waterfront land is eligible 
for a reduction of 20% 30%.
Sec. 3.  36 MRSA §1135, sub-§2, ¶B, as enacted by PL 2007, c. 466, Pt. A, §58, 
is amended to read:
B.  Working waterfront land used primarily as working waterfront land is eligible for 
a reduction of 10% 20%.
Sec. 4.  36 MRSA §1135, sub-§2, ¶D is enacted to read:
D.    Working  waterfront  land  that  is  subject  to  a  legally  binding  right-of-way  or 
easement  that  permits  access  to  intertidal  land  for  commercial  fishing  activities  is 
eligible for the reduction described in paragraph A, B or C and an additional reduction 
of 10%.
LAW WITHOUT
GOVERNOR'S
SIGNATURE
 
APRIL 23, 2024
CHAPTER
671
PUBLIC LAW

Page 2 - 131LR2718(03)
Sec. 5.  36 MRSA §1138, sub-§4, as amended by PL 2021, c. 630, Pt. C, §17, is 
amended by enacting at the end a new first blocked paragraph to read:
If  the  owner  of  the  property  subject  to  a  penalty  under  this  section  is  unable  to  pay  the 
penalty  assessed  under  this  section,  the  owner  may  request  and  the  assessor  shall,  at  the 
request of the owner, permit a delay in payment of the penalty of up to 2 years.
Sec. 6.  36 MRSA §1140-B, sub-§3 is enacted to read:
3.    Report.    By  December  31st  of  each  odd-numbered  year,  the  State  Tax  Assessor 
shall submit a report to the joint standing committee of the Legislature having jurisdiction 
over taxation matters that identifies the total value of each sale of working waterfront land 
and the value of each sale that is reasonably related to the working waterfront land, that 
compares the sale price of the working waterfront land to the assessed value of the property 
and that categorizes the sales data by region, type of commercial use or commercial fishing 
use and any other relevant categories.  The report may include any other data or analysis 
that the assessor finds relevant and any recommendations the assessor develops to assist 
municipal assessors in calculating the current use value of enrolled working waterfront land 
that  is  used  for  or  supports  commercial  fishing  activities.    The  report  may  also  include 
recommendations to amend this subchapter for the purposes of improving or ensuring the 
accuracy of current use assessment of working waterfront land.
Sec. 7.  36 MRSA §1140-C is enacted to read:
§1140-C.  Information bulletin
The State Tax Assessor shall create an information bulletin regarding provisions of the 
current use laws that apply to working waterfront lands and that include any changes made 
to the current use laws after December 31, 2023.  The assessor shall post the bulletin on the 
bureau's publicly accessible website and shall make it available to municipal assessors and 
to members of the public engaged in commercial fishing activities.