LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
129
JANUARY 11, 2026 RESOLVES
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
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S.P. 661 - L.D. 1667
Resolve, to Allow Hemphill Farms, Inc. to Sue the State
Sec. 1. Authorization to sue State. Resolved: That, notwithstanding any
provision of law to the contrary, Hemphill Farms, Inc., in Presque Isle, which claims to
have suffered damages in connection with actions taken by the Department of Agriculture,
Conservation and Forestry, is authorized to bring a civil action against the Department of
Agriculture, Conservation and Forestry. This resolve is a waiver of the State's defense of
immunity under the Maine Revised Statutes, Title 14, chapter 741.
Notwithstanding the application of any statute of limitations barring this action, this
action may be brought in the Aroostook County Superior Court within one year from the
effective date of this resolve. Liability and damages, including punitive damages, must be
determined according to state law as in litigation between individuals, except that the award
of damages resulting from a civil action authorized by this resolve may not exceed
$400,000. The action may be heard by a Justice of the Superior Court or by a jury. The
Maine Rules of Civil Procedure govern the conduct of the action. The Attorney General
shall appear, answer and defend the action. To the extent possible, the Attorney General
shall conduct negotiations in good faith to resolve this action by settlement.
The Treasurer of State shall pay any settlement determined by agreement of the parties
or any judgment, including costs and interest, upon final process issued by the Superior
Court or, if applicable, the Supreme Judicial Court.
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