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Amici Curiae Brief Of The International Municipal Lawyers Association And Legal Scholars In Support Of Defendants-Appellees In Portland Pipe Line Corporation, Et Al. V. City Of South Portland, Et Al., Sarah J. Fox, Sara C. Bronin, Nestor M. Davidson, Keith H. Hirokawa, Ashira Pelman Ostrow, Dave Owen, Laurie Reynolds, Jonathan D. Rosenbloom, Sarah Schindler

Sturm College of Law: Faculty Scholarship

This brief to the Maine Supreme Judicial Court was filed in support of the City of South Portland by the Amici Curiae, including the International Municipal Lawyers Association and legal scholars, to provide the Court with a background on the role of local governments in land use planning, and to explain why the City of South Portland’s Clear Skies Ordinance falls easily within the City’s authority and was not preempted by state legislation.

After studying the potential for bulk loading of crude oil within its boundaries, the City of South Portland concluded that the infrastructure requirements and environmental impacts of …

Tax Increment Financing In Maine, Michael G. Walker

Maine Law Review

Tax Increment Financing ("TIF") is a statutorily authorized mechanism which enables municipalities to earmark the property tax revenue from designated areas to pay for things such as infrastructure improvement. Lately, Maine municipalities have been using TIF to refund tax revenues directly to private developers in an effort to attract new business. This Comment will begin by briefly explaining the development of TIF in the United States and how it has evolved over time. It will then summarize how TIF works in Maine and the criticism and praise it has received throughout its existence. Next, it will look at research examining …

Some Model Amendments To Maine (And Other States') Land Use Control Legislation, Orlando E. Delogu, Sam Merrill, Philip R. Saucier

Maine Law Review

This model legislation consisting of ten separate provisions is intended to clarify and/or expand existing Maine law dealing with planning and land use regulation. It expands existing statutes by addressing a number of issues not presently covered by law. The overarching purpose of the proposed legislation is to underscore that planning and the imposition of land use regulations is not exclusively the responsibility of local governments but instead is a shared duty of the state and local governments. This is clearly stated in the text and commentary of Provision I, and is a theme that pervades all ten legislative proposals. …

Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Lawrence J. MacDonnell, attorney and consultant, Boulder, CO

27 slides

Testimony Of Melvin Burke Professor Of Economics University Of Maine, Orono, Maine, Regarding Zp 707 Plum Creek Petition For Rezoning Moosehead Region, Melvin Burke

School of Economics Faculty Scholarship

Plum Creek’s “Concept Plan” is a petition requesting LURC to rezone approximately 426,000 acres in the Moosehead Lake area. According to LURC’s fact sheet, a concept plan is a landowner-created, long-range plan of the “landowner’s intent”, a flexible alternative to traditional subdivision and development plans. It is not a business plan, a project plan, or a concrete real estate development plan. Webster’s unabridged dictionary defines “concept” as a “thought”, “an idea,” a “notion”, which is precisely what Plum Creek’s concept plan is--a thought, an idea, a scheme (plan) for making, arranging or doing something, having in mind a purpose.

Productive Preservation And The Reinvention Of Industrial America, Jonathan Flynn

Georgetown Law Historic Preservation Papers Series

This paper explores the problem of why the traditional model preservation, characterized by a strict and inflexible interpretation of the law, often fails in struggling communities. Particular emphasis is given to early industrial cities, where the existing urban infrastructure and difficult economic situation often conspire to make preservation exceptionally challenging. A solution is proposed for making preservation productive these distressed communities. Through a broader, and more flexible reading of existing law, a major preservation problem may be solved, and history can used as a valuable tool for growth and positive change.

Slides: New England Forestry Foundation: Private Forests For The Public Good Since 1944, Frank Reed

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Frank Reed, New England Forestry Foundation

9 slides

Slides: Changes In Timberland Ownership: The New Hampshire Experience, Paul Doscher

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Paul Doscher, Society for the Protection of New Hampshire Forests, Concord, NH

20 slides

Slides: Changes In Timberland Ownership, Peter R. Stein

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Peter R. Stein, General Partner, The Lyme Timber Company, Hanover, NH

14 slides

Slides: Community Forest Project: Grand Lake Stream, Maine, Steve Keith

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Steve Keith, Farm Cove Community Forest, Downeast, ME

62 slides

Smart Growth, State Policy And Public Process In Maine: The Dunstan Crossing Experience, Sylvia Most, Samuel B. Merrill, Jack D. Kartez

Maine Policy Review

Sprawling development in Maine’s growth areas continues in spite of the state’s emphasis on comprehensive planning over the past 20 years. In this article, the authors present some lessons to be learned from Scarborough’s Dunstan Crossing project, a planned development which would have incorporated many of the goals of the national “smart growth” movement. The project was approved by the elected town council (one of whom is co-author Sylvia Most), and it was in compliance with Scarborough’s town comprehensive plan. Nonetheless, the project for now has effectively been blocked after a lengthy period, described here, that saw a citizen referendum, …

The Maine Shore And The Army Corps: A Tale Of Two Harbors, Wells And Saco, Maine, Joseph Kelley, Walter Anderson

Maine Policy Review

By discussing the problems of beach erosion and sand movement at Wells and Saco, Maine, Joseph Kelley and Walter Anderson demonstrate how single-minded, engineering approaches to complex, interdisciplinary coastal issues can create bigger problems than previously existed. As Kelley and Anderson explain, at both Wells and Camp Ellis, the Army Corps of Engineers was brought in to construct a harbor at no local cost to the community. This was accomplished by constructing jetties, and the result has been a persistent and serious problem of beach erosion. Over the years, the Army Corps has offered further technical solutions that have served …

The Opportunities And Threats Of Coastal Development: An Mpr Roundtable Discussion, Paul Anderson

Maine Policy Review

In May 2000, nine discussants—each with a unique perspective on coastal development—convened to explore changes occurring on the Maine coast, whether those changes are consistent with what Maine people want, and what looming issues invite further debate and creative problem solving. Their discussion spanned a range of sensitive issues including aquaculture development, the displacement of traditional economies, the effects of development on coastal wildlife populations, and the reality of diminishing public access to the coast. All agreed that with vision and careful planning we have an opportunity to shape the future of the Maine coast, but the jury is out …

Community Land Trusts: Permanently Affordable, Resident-Controlled Housing, Fred Stocking

Maine Policy Review

Since 1997 Maine has enjoyed one of the highest levels of home ownership in the country. As Fred Stocking points out, homeownership contributes to community stability and provides a sense of security to families. Yet not all of Maine families are able to achieve their dream of homeownership. Community Land Trusts (CLTs) represent an attempt to build community and solve an affordable housing problem for Maine’s low-income residents. CLTs are non-profit organizations that require the joint involvement of residents and non-residents in the housing development and management, and resale price restrictions that keep the housing affordable indefinitely. In this article …

[Letter From New England Regional Director To Division Engineer, New England Division, U.S. Army Corps Of Engineers], U.S. Fish And Wildlife Service

Dickey-Lincoln School Lakes Project

The results of appraisals conducted jointly by this Service, the Maine Department of Inland Fisheries and Wildlife, and your agency concerning bald eagle, osprey, peregrine falcon, and great blue heron.