Maine Governor Janet Mills (D) nixed a bill from House Minority Leader Billy Bob Faulkingham (R-Winter Harbor) on Friday that would have nipped in the bud the use of eminent domain to seize tribal land even after the bill passed through the legislature with strong bipartisan support.
[RELATED: Public Hearing Reveals Bipartisan Support for Tribal Sovereignty Bill Opposed by Gov. Mills…]
“L.D. 958 is a solution in search of a problem, and yet it could have serious unintended consequences years from now that are impossible to know today. It would be a mistake to permanently bar future generations from exercising this important but seldom used authority no matter what the needs of society may be decades into the future,” said Gov. Mills.
The bill, LD 958, drew co-sponsorship from Passamaquoddy Tribal Rep. Aaron Dana and passed through the House with a strong 86-60 vote, garnering bipartisan support despite opposition from a significant contingent of Republicans.
In the Senate, the bill passed with an overwhelming 20-12 majority, with all opposition coming from Republicans.
Under the amended version of the bill that passed through the legislature, no land in possession of the tribes at the time the tribal governments certify the law could be seized via eminent domain.
Mills warned in her veto message that, if the bill were enacted by the tribes, it would not be reversible by the legislature without the approval of the tribes.
She argued that the bill addresses a non-issue, as the state already has strict laws prohibiting eminent domain for tribal lands unless no reasonable alternative can be found. Even in cases where eminent domain is used for tribal land, the state must provide the tribe with other land in recompense, ensuring that a tribe does not lose any net amount of land as a result.
She further claimed that, in all her meetings with tribal leaders, they have never raised eminent domain as a concern.
“Never once in these discussions did any Tribal leader mention the issue of state eminent domain authority as a problem that should be addressed. The testimony presented to the Judiciary Committee confirmed that no problem exists here,” said Mills.
