LD 958

LD 958 would have amended the 1980 Maine Indian Claims Settlement Implementing Act and the 2023 Mi’kmaq Nation Restoration Act to prevent the state from taking Wabanaki land for public uses, often referred to as “the right of eminent domain.” This bill originally covered all land located within Passamaquoddy Tribe territory, Penobscot Nation territory, Houlton Band Trust Land, and Mi’kmaq Nation Trust Land. The Judiciary Committee then limited the scope of the bill so that it would apply only to existing trust lands.

One of the ramifications of the state of Maine’s refusal to recognize the sovereignty of the Wabanaki people is that the state has eminent domain power to take tribal lands and has done so in the past. In 1925, for example, the state took land from the Passamaquoddy Reservation at Sipayik to create Maine Route 190 without tribal input. 

There was bipartisan support for this Republican-led bill both in committee, where 172 people testified in support of the bill with only three opposing, and on the floor of both chambers. This legislation also had wide support within the environmental community, with many of our partners showing up to testify in support.

Yet even with broad bipartisan and public support, the Governor continued her opposition to legislation to expand tribal rights by vetoing the bill and, unfortunately, the Legislature was not able to muster the two-thirds majority necessary to override the veto.