Tuesday, September 23, 2008

Southern Maine Closing

Closing: Moderated Q/A with Panel of all Workshop Presenters and Summary of Central Themes

The Panel of Workshop Presenters includes: Joey Donnelly, Paul Dest, Jim Connors, Bill Healey, Kristen Grant, Gillian Garret-Reed, Eileen Sewall, Hugh Cowperthwaite, and Jeff Kendall.

Q: Where does the information compiled from the workshops go? For example, do you send the information to the state agencies and do you make recommendations to these agencies?

A: The supporters of the workshop will take the information and decide what steps to take next. In addition, the information will help inform the supporters of future decisions (i.e. where to put resources). We work closely with state agencies so there is no need to develop a report for those agencies.

Q: How do groups with competing interests (commercial, tourists, landowners, waterfront users) come to a solution that meets everyone's needs?

A: What we are trying to present tonight are tools for addressing this very issue. Just because the tourism industry and yourself have conflicting needs does not mean that with a little compromise both of your needs can not be met. However, it takes the involvement of the stakeholders, the landowners, the waterfront users, and the municipal and state agencies, working together.

Q What do you do when land has been preserved as working waterfront by a restricted deed, but the provisions of that deed are not being enforced (i.e. the municipality is letting development encroach on our working waterfront)?

A. The responsibility for protecting the land should be placed in the hands of a third party. For example a land trust. Also, it is very important to keep it on the public radar through some sort of press, because you do not want people to forget what the land was set aside for.

Q: Why can't we get rid of the language in the tax statutes that says property value is to be determined in accordance to "highest and best use"? This language promotes development as opposed to preserving open space and public access.

A: That language will not go away absent a Constitutional amendment. However, there are ways to get around it. For example, programs like the Current Use Taxation program allow for tax breaks for uses that are not necessarily considered the "highest or best use." Also a private individual can work with a land trust. The more your property is encumbered the less it is worth, the lower your taxes. It is important to note that there are land trusts that will enter into a conservation easement without requiring you to allow public access.

Also there are tax breaks for entering into conservation easements and preserving open space. You can apply for "open space tax deduction" if you are allowing public access (a public benefit) for a 20% open space deduction. In addition the deduction can be increased depending on other factors, such as amount of access, length of time you have allowed public access, etc.

Q: If you apply for the open access deduction do you have to keep it open for public access for a certain period of time?

A: No. It is based on public benefit and there are other public benefits besides public access (open space, no development, etc.). However, you need to meet certain criteria to be eligible for the deduction.

Q: Why can't we postpone valuation until the property is going to be sold?

A: You have to value property according to "just value". For example, if you have two houses with the same fair market value and one is occupied by a couple that has been there for twenty years and the other by a couple who just moved in, the new couple should not have to pay double the taxes; that would be unfair. It is an equity issue.

Q: Are there any communities in Maine where there is privately-owned beach front property leased by the private owner to a public entity for private enjoyment?

A: No.

We are running out of time so Paul thanks all the presenters and audience members for participating in the Workshop.

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