Support LD 958: Prohibit Eminent Domain on Wabanaki Land

Photo by Jim McCarthy.

THE ISSUE

Maine legislators will held a public hearing April 4 on a bill that would prevent the state from seizing Wabanaki lands. The legislation, LD 958, is sponsored by House Minority Leader Billy Bob Faulkingham (R-Winter Harbor) and is co-sponsored by Republican and Democratic legislators. The bill would amend 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 would apply to land located within Passamaquoddy Tribe territory, Penobscot Nation territory, Houlton Band Trust Land and the Mi’kmaq Nation Trust Land. By removing language that gives the state eminent domain power over tribal lands, LD 958 restores a fundamental principle that the Wabanaki Nations are sovereign governments with inherent power to regulate their territories. Read the full bill text >>

The bill was tabled by the Committee on the Judiciary during a work session on April 9 and a second work session has not yet been scheduled. 

TAKE ACTION

• • Submit testimony. Even though the public hearing is over, you can still submit testimony in support of LD 958 using the talking points below! Follow the steps in our Legislative Toolkit in our Bill Tracker to submit your testimony in writing before the next work session.
  • Contact your legislators. If your legislators sit on the Judiciary Committee, email them and ask them to vote Ought to Pass on LD 958. You can also share your written testimony with your legislators and ask them to support the bill. Find your legislator here»  
  • Write a letter to the editor. Turn your testimony into a letter to the editor! Find tips and newspaper contact info in our LTE Guide. 

TALKING POINTS

• • This bill restores fairness and respects Wabanaki Nations’ sovereignty over their own lands. No one should have their land taken without consultation or agreement. LD 958 removes the state of Maine’s power to take Wabanaki Nations’ tribal land through eminent domain. This is a protection already afforded to almost all other federally recognized tribes.  
  • Taking tribal land without consultation is against federal policy. Federal law protects most tribal nations from state-level eminent domain, but the 1980 Settlement Acts have resulted in the Wabanaki Nations in Maine being unfairly excluded from these federal protections.  
  • History shows the harm of eminent domain on Wabanaki lands. Maine Route 190, which cuts through the heart of the Passamaquoddy Reservation at Sipayik, was taken by eminent domain in 1925—a decision made without tribal input. LD 958 would ensure that no such action happens again without tribal consultation.  
  • This bill encourages collaboration, not conflict. If a project could truly benefit the public, the state, and the tribes, the state should work with tribal leaders to find a solution. This legislation is a protective measure to guarantee consultation and mutual agreement before any action is taken on tribal lands. It ensures the tribes have a voice.  
  • Bottom line: a step towards justice and fairness. The Wabanaki Nations should not be treated differently from other federally recognized tribes. This bill ensures fairness, respects sovereignty, and prevents future injustices. LD 958 restores a fundamental principle that the Wabanaki Nations are sovereign governments with inherent power to regulate their territories. 

To take action on other Wabanaki Alliance priority bills, visit our Bill Tracker.