Opinion of the Justices of the Supreme Judicial Court

155 Me. 30
CourtSupreme Judicial Court of Maine
DecidedMay 5, 1959
StatusPublished
Cited by7 cases

This text of 155 Me. 30 (Opinion of the Justices of the Supreme Judicial Court) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Opinion of the Justices of the Supreme Judicial Court, 155 Me. 30 (Me. 1959).

Opinion

House Order Propounding Questions STATE OF MAINE House of Representatives 99th Legislature

WHEREAS, a bill entitled “An Act Providing for Severance Taxation of Certain Natural Resources,” (House Paper 902, Legislative Document 1271) is pending before the 99th Legislature and it is important that the Legislature be informed as to the constitutionality of the proposed bill; and

WHEREAS, it appears to the members of the House of the 99th Legislature that certain provisions of the bill present important questions of law and the occasion is a solemn one;

[31]*31NOW, THEREFORE, Be it Ordered, that in accordance with the provisions of the Constitution of the State, the Justices of the Supreme Judicial Court are hereby respectfully requested to give this Legislature their opinion on the following questions:

1.

Do any of the provisions of section 12 of Legislative Document 1271 assess a tax upon real or personal estates without regard to apportionment according to the just value of such real or personal estate in violation of section 8 of Article IX of the Constitution of Maine?

2.

Do any of the provisions of section 5 of Legislative Document 1271 assess a tax upon real or personal estates without regard to apportionment according to the just value of such real or personal estate in violation of Section 8 of Article IX of the Constitution of Maine?

3.

Do any of the provisions of Sections 2, 4 and 5 of Legislative Document 1271 amount to a suspension of the sovereign power to tax in violation of Section 9 of Article IX of the Constitution of Maine?

4.

Do the provisions of Section 4 of Legislative Document 1271 delegate legislative power to the Commissioner of Inland Fisheries and Game in violation of Section 1 of Part First of Article IV of the Constitution of Maine?

[32]*325.

Would House Paper 902, Legislative Document 1271 “An Act Providing for Severance Taxation of Certain Natural Resources,” if enacted by the Legislature, be constitutional ?

HOUSE OF REPRESENTATIVES Speaker laid before the House and on Motion of Mr. Maxwell of Jay

Apr 17, 1959

passed.

Harvey R. Pease Clerk

Name: Maxwell

Town: Jay

HOUSE OF REPRESENTATIVES Read and On Motion of Mr. Maxwell Of Jay

APR. 16, 1959 Tabled Pending passage. Tomorrow assigned.

Harvey R. Pease

Reproduced and distributed under the direction of the Clerk of the House.

A true copy. Attest: HARVEY R. PEASE Clerk of the House

Transmitted by Director of Legislative Research pursuant to joint order.

NINETY-NINTH LEGISLATURE

Legislative Document No. 1271

H. P. 902 House of Representatives, March 17, 1959

Referred to the Committee on Taxation. Sent up for concurrence and 1,000 copies ordered printed.

HARVEY R. PEASE, Clerk

Presented by Mr. Maxwell of Jay.

[33]*33STATE OF MAINE IN THE YEAR OF OUR LORD NINETEEN HUNDRED FIFTY-NINE

AN ACT Providing for Severance Taxation of Certain Natural Resources.

Be it enacted by the People of the State of Maine, as follows:

Sec. 1. R. S., c. 16-A, additional. The Revised Statutes are amended by adding a new chapter to be numbered 16-A, to read as follows:

‘Chapter 16-A.

Severance Taxation of Natural Resources.

Sec. 1. Purpose. It is the intent of this chapter to provide equitable taxation of the natural resources of the State, utilizing tax measures consistent with conservation of such resources, to the end that the lands in the State shall continue to furnish increasing natural resource products, and the towns in which such lands lie shall receive just tax revenues from such lands.

Sec. 2. Property exempt from taxation. All real property taxed under the provisions of section 5 shall be exempt from taxes imposed under chapter 91-A, except as to such taxes as may have been previously levied.

Sec. 3. Forest crop land determined.

I. The owner of a tract of land in this State of not less than 40 acres may file a petition with the Forest Commissioner stating that he believes the tract of land described is more useful for growing timber and other forest crops than for any other purpose, that he intends to practice forestry thereon, that all persons holding incumbrances thereon have joined in the petition and request that the [34]*34land be approved as “Forest Crop Land” under this chapter. Wherever such land is encumbered by a mortgage securing any issue of bonds or notes, the trustees named in such mortgage may join in the petition, and such action shall for the purpose of this section be deemed the action of all holders of such bonds and notes.
II. Upon the filing of such petition the commissioner shall set the matter for public hearing at such time and place as he may determine, but not later than one year from the date of such filing. Notice of the time and place of the hearing and a description, as the commissioner deems advisable, of the property requested to be approved as “Forest Crop Land” shall be given to the owner of such land and to the assessor of the municipality in which it is situated, by mail at least 30 days before the day of hearing. In addition, a copy of such notice shall be published once a week for 3 consecutive weeks in such newspapers as the commissioner shall deem appropriate, the first publication to be at least 30 days before the day of hearing. The hearing may be adjourned from time to time and no notice of the time and place of the adjourned hearing-need be given, except an announcement thereof by the presiding officer at the hearing at which the adjournment is had.
III. After hearing all the evidence offered at the hearing and after making such independent investigation as he sees fit, the Forest Commissioner shall make a finding of fact and make and enter an order accordingly. If the Commissioner finds that the facts give reasonable assurance that a stand of merchantable timber will be developed on such lands within a reasonable time, and that such lands are then held permanently for the growing of timber, and that all persons holding incumbrances against such land have in writing agreed to the petition, the order entered shall grant the request of the petitioner on condi[35]*35tion that all unpaid taxes against said lands be paid within 30 days thereafter; otherwise, the commissioner shall deny the request of the petitioner. If the request of the petitioner is granted, a copy of the order shall be forwarded to the State Tax Assessor, to the clerk of each municipality and to the register of deeds of each county in which any of the land affected by the order is located. The register of deeds shall record the entry, transfer or withdrawal of all forest crop lands on the county records and shall be entitled to a fee to be paid by the owner of 10 cents for each page of each instrument so recorded. Any order of the Forest Commissioner relating to the entry of forest crop land issued on or before March 20th of any year shall take effect in such year, but all orders issued after March 20th of any year shall take effect the year following.

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