01-05-2025
Committee advances bill that would prohibit the state from seizing Wabanaki land
Passamaquoddy Tribal Rep. Aaron Dana testifies in support of prohibiting eminent domain on tribal lands before the Judiciary Committee on April 4, 2025. (Photo by Emma Davis/ Maine Morning Star)
The Judiciary Committee advanced legislation on Wednesday to prevent the state from being able to seize Wabanki land for public use without consultation, though amended it in a way that appears to assuage at least some of the concerns raised by Gov. Janet Mills' administration.
The committee voted 10-4 in favor of an amended version of LD 958, incorporating a proposed amendment from the Maine State Chamber of Commerce that the prohibition would only apply to current tribal trust lands, meaning land for which the federal government holds the legal title of on behalf of a tribe, and not land that may be put into trust in the future.
Earlier in April, the governor came out in opposition to the bill, with her legal counsel citing the inability to predict the future needs of state government and uncertainty over the future location of tribal trust land, as the Wabanaki Nations are still eligible to acquire more under the 1980 Maine Indian Claims Settlement Act.
This thinking was why some on the committee did not back the plan. Sen. David Haggan (R-Penobscot) said he cast an opposing vote because he believes the power of seizing private property for public use, a principle known as eminent domain, is vital for government to properly function.
The vote did not fall along party lines. Haggan was among the three Republicans who voted against the legislation — also including Reps. Rachel Henderson of Rumford and Mark Babin of Fort Fairfield — with Democratic Rep. Dani O'Halloran of Brewer joining them in opposition.
While the Judiciary Committee may often be known to complicate matters, Rep. Adam Lee (D-Auburn), who voted for the legislation, argued this issue is straightforward.
'Our relationship with the Tribes is a government relationship and we should not be able to take their land, full stop,' said Rep. Adam Lee (D-Auburn).
The relationship between the Wabanaki Nations and the state is complicated by the 1980 Settlement Act, which has overall resulted in the Wabanaki Nations being treated more akin to municipalities than sovereign nations.
LD 958 is the next piecemeal change lawmakers and Wabanaki leaders are seeking to make to afford the Tribes greater sovereignty. While incremental alterations to the Settlement Act have been made in recent years, sweeping change has so far failed due to opposition from Mills, a Democrat.
Mills did not respond to a request for comment about the amendment by the time of publication.
The U.S. government's authority to exercise eminent domain is restricted by the Fifth Amendment of the U.S. Constitution, which requires just compensation for land taken, as well as some federal laws.
The 1834 federal Indian Nonintercourse Act prohibited land transactions with tribes unless authorized by Congress. However, the Settlement Act specified that that federal law was not applicable to the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the Penobscot Nation.
LD 958 would amend the Settlement Act to prohibit the state from exercising eminent domain on current trust and reservation land, which is protected under federal law, though fee land — private property for which the owner owns the title — would still be subject to the state taking.
The bill would also amend the 2023 Mi'kmaq Nation Restoration Act to make this change for the Mi'kmaq Nation, which wasn't included in the Settlement Act.
As advanced by the Judiciary Committee on Wednesday, the bill was also amended at the request of Wabanaki leaders to remove the portion that had stipulated how the Tribes could reacquire land with such proceeds, which Passamaquoddy attorney Corey Hinton criticized as a paternalistic process. Instead, the bill now simply points to the federal takings process.
LD 958 now heads to the Maine House of Representatives and Senate for floor votes.
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