CONSTITUTION
OF THE STATE OF
2003 ARRANGEMENT
(Arranged by the Chief Justice of the Maine Supreme Judicial Court and
approved by the Maine State Legislature, Resolve 2003, chapter 98,
pursuant to the Constitution of Maine, Article X, Section 6)
Article IX.
General Provisions.
Section 8. Taxation.
All taxes upon real and personal estate, assessed by authority of this State,
shall be apportioned and assessed equally according to the just value thereof.
1. Intangible property. The Legislature
shall have power to levy a tax upon intangible personal property at such rate
as it deems wise and equitable without regard to the rate applied to other
classes of property.
2. Assessment of certain lands based on
current use; penalty on change to higher use. The Legislature shall have
power to provide for the assessment of the following types of real estate
whenever situated in accordance with a valuation based upon the current use
thereof and in accordance with such conditions as the Legislature may enact:
A. Farms and agricultural lands, timberlands
and woodlands;
B. Open space lands which are used for
recreation or the enjoyment of scenic natural beauty;
C. Lands used for game management or wildlife
sanctuaries; and
D. Waterfront land that is used for or that
supports commercial fishing activities.
In implementing paragraphs A, B, C and D, the
Legislature shall provide that any change of use higher than those set forth in
paragraphs A, B, C and D, except when the change is occasioned by a transfer resulting
from the exercise or threatened exercise of the power of eminent domain, shall
result in the imposition of a minimum penalty equal to the tax which would have
been imposed over the 5 years preceding that change of use had that real estate
been assessed at its highest and best use, less all taxes paid on that real
estate over the preceding 5 years, and interest, upon such reasonable and
equitable basis as the Legislature shall determine. Any statutory or
constitutional penalty imposed as a result of a change of use, whether imposed
before or after the approval of this subsection, shall be determined without
regard to the presence of minerals, provided that, when payment of the penalty
is made or demanded, whichever occurs first, there is in effect a state excise
tax which applies or would apply to the mining of those minerals.
3. School districts. The Legislature
shall have power to provide that taxes, which it may authorize a School
Administrative District or a community school district to levy, may be assessed
on real, personal and intangible property in accordance with any cost-sharing
formula which it may authorize.
4. Watercraft. Beginning with the
property tax year 1984, all watercraft as defined by the Legislature shall be
exempt from taxation as personal property, provided that certain watercraft as
defined by the Legislature shall be subject to an excise tax to be collected
and retained by the municipalities.
5. Historic and scenic preservation. The
Legislature shall have the power to provide that municipalities may reduce
taxes on real property if the property owner agrees to maintain the property in
accordance with criteria adopted by the governing legislative body of the
municipality to maintain the historic integrity of important structures or to
provide scenic view easements of significant vistas.