Maine Revised Statutes Title 33 Sec. 133 – Judicial actions
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1. Owners; qualified holders. An action affecting a working waterfront covenant may be brought or intervened in by:
A. An owner of an interest in the real property burdened by the covenant; [PL 2005, c. 574, §1 (NEW).]
B. A qualified holder of the benefit of the working waterfront covenant; [PL 2005, c. 574, §1 (NEW).]
C. The municipality in which the real property burdened by the covenant is located; or [PL 2005, c. 574, §1 (NEW).]
D. The Attorney General. [PL 2005, c. 574, §1 (NEW).]
[PL 2005, c. 574, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 33 Sec. 133
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- holder: means :
A. See Maine Revised Statutes Title 33 Sec. 131Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Working waterfront covenant: means an agreement in recordable form between the owner of working waterfront real estate and one or more qualified holders that permits a qualified holder to control, either directly or indirectly, the use, ownership and sales price of working waterfront real estate for the primary purpose of making and preserving the permanent availability and affordability of that real estate for commercial fisheries businesses. See Maine Revised Statutes Title 33 Sec. 131
2. Power of court. The court has the following powers.
A. The court may enforce a working waterfront covenant by injunction or other proceeding at law or in equity. [PL 2005, c. 574, §1 (NEW).]
B. Acting in accordance with charitable trust principles, the court may modify, terminate or deny equitable enforcement of a working waterfront covenant in an action brought by a party pursuant to subsection 1. In taking such an action, the court must find that, due to a change in circumstance, the covenant no longer serves the public interest in protecting or enhancing the commercial marine fisheries or related businesses of the State. The Attorney General must be made a party to any action under this paragraph and written notice must be provided to the Commissioner of Marine Resources. [PL 2005, c. 574, §1 (NEW).]
C. If the court modifies, terminates or denies equitable enforcement of a working waterfront covenant, the court may order payment by the landowner of money or other damages to the holder or the State, which shall apply the same in a manner consistent with the purposes of this law as approved by the court. [PL 2005, c. 574, §1 (NEW).]
[PL 2005, c. 574, §1 (NEW).]
The fact that a working waterfront property might be used for more valuable economic purposes may not be considered in determining whether a working waterfront covenant is no longer in the public interest. [PL 2005, c. 574, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 574, §1 (NEW).