At the start of the pandemic Gov. Janet Mills reportedly met separately with two groups of legislators. With imagination and skillful semantics, the governor called them “caucuses.” Conducting the public’s business by another name is now downgraded by calling it a caucus? Really? Why worry about public meeting laws and accountability to the people when the executive and a complicit co-equal legislature branch of government can combine to avoid pesky requirements of public notice, public attendance, scrutiny, and reports of actions taken?
Additionally by executive order extending the statutory time in eviction notices, which has the force of law, Her Executive Excellency Mills usurped the power of the Legislature to pass legislation.
Not to be outdone, the judiciary has similarly acted by denying landlords’ constitutional rights of access to the courts. No need for public accountability or scrutiny when courthouse doors can simply be locked and the keys thrown into the castle’s moat.
State action by arbitrarily imposing ultra-statutory requirements in eviction notices and denial of landlords’ access to the courts by executive and judicial fiat has the combined effect of a taking of property rights. Takings of property rights by the government have always required due process and the payment of just compensation. Property rights of landlords currently being taken by over-extended emergency power clearly does not provide for just compensation.
While we slept have we become more like servants and less like sovereigns?
Warren Poulin
Winslow
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