a) LD 1323 is an unconstitutional taking of private property - the rockweed - by
putting rockweed in the public trust when it the court has just said it is private
property (March 2019 opinion).
(b) Landowners must be compensated by the state for the “taking” of rockweed, in order for LD 1323 to be constitutional. The cost of this would be at least $88 million. No
law can take private property without compensation.
(c) Rockweed companies don't have to go out of business just because they now
need landowner permission to cut. They can seek permission just as the loggers get permission from private landowners in the Maine woods.
(d) LD 1323 attempts to overturn a Maine Supreme Court decision. The
legislature should not be trying to overturn the effect of a recent, unanimous
judicial branch decision.
(e) Rockweed will get more protection to support cod, lobster, pollock,
alewives from private ownership than from state ownership. Most/many
fisheries in the public trust get overfished and decline: urchins and cod are the
best examples.
putting rockweed in the public trust when it the court has just said it is private
property (March 2019 opinion).
(b) Landowners must be compensated by the state for the “taking” of rockweed, in order for LD 1323 to be constitutional. The cost of this would be at least $88 million. No
law can take private property without compensation.
(c) Rockweed companies don't have to go out of business just because they now
need landowner permission to cut. They can seek permission just as the loggers get permission from private landowners in the Maine woods.
(d) LD 1323 attempts to overturn a Maine Supreme Court decision. The
legislature should not be trying to overturn the effect of a recent, unanimous
judicial branch decision.
(e) Rockweed will get more protection to support cod, lobster, pollock,
alewives from private ownership than from state ownership. Most/many
fisheries in the public trust get overfished and decline: urchins and cod are the
best examples.
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