Resolve, to Allow Hemphill Farms, Inc. to Sue the State
Summary
LD 1667 is a private resolve that authorizes Hemphill Farms, Inc., of Presque Isle to bring a civil action against the Maine Department of Agriculture, Conservation and Forestry for damages the company claims were caused by actions taken by the department. The resolve expressly waives the State’s sovereign immunity defense for this one case and permits the lawsuit to be filed in Aroostook County Superior Court within one year of the resolve’s effective date, even if ordinary statutes of limitation would otherwise bar the claim.
The bill sets out the terms under which the case would proceed. It directs that liability and damages be determined under state law as in litigation between private parties, allows the case to be heard by a judge or jury, and applies the Maine Rules of Civil Procedure. It also requires the Attorney General to defend the action and encourages good-faith settlement negotiations. Any settlement or judgment would be paid by the Treasurer of State, and total damages, including punitive damages, are capped at $400,000.
Impact
This resolve creates a narrow statutory exception to Maine’s sovereign immunity rules by authorizing a single claimant, Hemphill Farms, Inc., to sue a state agency directly. It affects Title 14, chapter 741 by waiving immunity for this specific action and overrides any otherwise applicable limitations period for filing the case. The measure also establishes venue, procedure, representation by the Attorney General, and a state payment obligation for any settlement or judgment, while limiting the state’s financial exposure through a damages cap.
Sentiment
The recorded votes indicate the bill faced significant opposition and did not advance through the usual legislative process, with both chambers voting to accept an Ought Not To Pass report. That pattern suggests the overall sentiment in the Legislature was unfavorable to authorizing this lawsuit against the State, even though the bill ultimately became law without the Governor’s signature. The available record does not include committee testimony, but the vote margins show the proposal was not broadly supported.
Contention
The main point of contention is the bill’s waiver of sovereign immunity and the decision to allow a private party to sue a state agency for alleged damages. Supporters would be seeking a legal remedy for Hemphill Farms’ claimed losses, while opponents likely objected to creating a special exception to the State’s immunity protections, the potential fiscal exposure to the State, and the precedent of authorizing a private claims bill. The damages cap and settlement provisions appear designed to limit risk, but the core issue remained whether the Legislature should open the door to litigation against the State in this instance.
Exempts certain urban and small farmers from sales taxes, real, tangible and personal property taxes and income taxes. This act would also define urban and small farmers and urban farmland.
Exempts certain urban and small farmers from sales taxes, real, tangible and personal property taxes and income taxes. This act would also define urban and small farmers and urban farmland.