Landowners’ Rights at Risk? Print E-mail
Thursday, June 12, 2008

If some in Maine’s environmental community had their way, most of the 10 million acres of the state’s unorganized territory would be declared off-limits to any sort of development. And to some considerable degree, staff members of Maine’s Land Use Regulation Commission, which administers that territory, seem to have bought in to that idea.

The commission staff currently is holding public hearings on a draft land-use plan that, in some cases, is regarded by landowners as nothing less than a confiscation of their rights. Supporters of the plan are quick to reject that notion, claiming that the plan simply attempts to put in place controls that would allow LURC to appropriately guide development in the unorganized territory.

To be sure, the provisions of the draft plan contain lots of qualifying language that would seem to allow for a balanced mix of preservation and development in Maine’s North Woods, which spreads over much of the acreage of the unorganized territories. But a goal of the plan is to give LURC considerably more authority to decide where development would be allowed to occur. And when read in the context of the plan’s vision statement, it is easy to understand the landowners’ concerns. That statement asserts: “The commission’s jurisdiction will forever retain its unique principal values and will exemplify a sustainable pattern of land uses.” Terms such as “forever” and “principal values” have far-reaching implications when applied in such a manner.

It is troubling that, in the discussion about controlling — or preventing — development in a territory that stretches over almost half the state of Maine, the rights of private owners so often seem to take a back seat to other considerations. There are those who would, if they could, turn a gigantic section of the state’s unorganized territory into another national park. More than a few Mainers believe the latest version of the LURC land-use plan is part of a back-door attempt to do exactly that.

The fundamental right of ownership of property was a basis on which people moved to this country. Many of our forebears moved from Massachusetts to Maine to pursue the dream of owning land and forests. Today, there are numerous responsible owners of Maine forest lands, both private and corporate.

The truth is that huge amounts of forest land in Maine already are contained in state parks or held under conservation easements — easements that have been granted by private landowners within the unorganized territory who have been, and continue to be, good stewards of their holdings.

Jim Robbins of Robbins Lumber Inc. in Searsmont says the LURC rules already in place “pretty much prevent development now. Why do we need changes?” he asks. His company owns and manages 30,000 acres of its own forests and buys logs from more than 150 independent loggers. Robbins notes that Maine timberland has increased by 347,000 acres since 1995.

But many of Maine’s environmental activists aren’t swayed by such information. They have embarked on a long and vocal campaign denigrating private ownership. By painting those landowners as greedy developers bent on turning the North Woods into a collection of subdivisions, they further their own fund-raising efforts.

The period for written comments on LURC’s draft land-use plan already has closed. If revisions are considered necessary by LURC staff, they will be made before the plan goes out for a formal public review process.

Catherine Carroll, executive director of LURC, says it is not the commission’s intent to block, but only to guide, development. We hope that the final revision of the draft plan strikes a balance that continues to provide appropriate controls without devaluing or making worthless thousands of acres of property now in the hands of private ownership. Landowners and others interested in protecting private ownership rights would do well to scrutinize the draft plan and raise any concerns they may have as the formal review process unfolds. A copy of the LURC draft plan can be found on line at http://www.maine.gov/doc/lurc/reference/CLUP_Overview.shtml.

No one has commented on this article.
Only registered users can post comments, please log in. If you have not registered and would like to please click here.