Bill > LD1667

This bill provides a specific legal authorization for Hemphill Farms, Inc., a business located in Presque Isle, Maine, to sue the Department of Agriculture, Conservation and Forestry despite typical legal protections that would normally prevent such a lawsuit. The bill waives the state's sovereign immunity defense, which traditionally protects government agencies from being sued, and allows Hemphill Farms to file a civil action in Aroostook County Superior Court within one year of the bill's effective date. The lawsuit can be heard by a judge or jury, and will be governed by standard Maine civil procedure rules. The bill specifies that liability and potential damages, including punitive damages, will be determined according to state law as if the lawsuit were between two private individuals. The Attorney General is required to defend the state in this action and is encouraged to negotiate a settlement in good faith. If a settlement is reached or a judgment is issued, the State Treasurer will be responsible for paying the agreed amount, including any associated costs and interest.

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https://legislature.maine.gov/legis/bills/display_ps.asp?LD=1667&snum=132