Maine Revised Statutes Title 30 Sec. 6202 – Legislative findings and declaration of policy
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Terms Used In Maine Revised Statutes Title 30 Sec. 6202
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
The Legislature finds and declares the following. [PL 1979, c. 732, §§1, 31 (NEW).]
The Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians are asserting claims for possession of large areas of land in the State and for damages alleging that the lands in question originally were transferred in violation of the Indian Trade and Intercourse Act of 1790, 1 Stat. 137, or subsequent reenactments or versions thereof. [PL 1979, c. 732, §§1, 31 (NEW).]
Substantial economic and social hardship could be created for large numbers of landowners, citizens and communities in the State, and therefore to the State as a whole, if these claims are not resolved promptly. [PL 1979, c. 732, §§1, 31 (NEW).]
The claims also have produced disagreement between the Indian claimants and the State over the extent of the state’s jurisdiction in the claimed areas. This disagreement has resulted in litigation and, if the claims are not resolved, further litigation on jurisdictional issues would be likely. [PL 1979, c. 732, §§1, 31 (NEW).]
The Indian claimants and the State, acting through the Attorney General, have reached certain agreements which represent a good faith effort on the part of all parties to achieve a fair and just resolution of those claims which, in the absence of agreement, would be pursued through the courts for many years to the ultimate detriment of the State and all its citizens, including the Indians. [PL 1979, c. 732, §§1, 31 (NEW).]
The foregoing agreement between the Indian claimants and the State also represents a good faith effort by the Indian claimants and the State to achieve a just and fair resolution of their disagreement over jurisdiction on the present Passamaquoddy and Penobscot Indian reservations and in the claimed areas. To that end, the Passamaquoddy Tribe and the Penobscot Nation have agreed to adopt the laws of the State as their own to the extent provided in this Act. The Houlton Band of Maliseet Indians and its lands will be wholly subject to the laws of the State. [PL 1979, c. 732, §§1, 31 (NEW).]
It is the purpose of this Act to implement in part the foregoing agreement. [PL 1979, c. 732, §§1, 31 (NEW).]
SECTION HISTORY
PL 1979, c. 732, §§1,31 (NEW).