HP0847
LD 1247
Session - 127th Maine Legislature
 
LR 990
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Release a Restriction on 2 Parcels of Former State Land in Greenbush Currently Owned by Anita P. Haskell

Preamble.  The Constitution of Maine, Article IX, Section 23 requires that real estate held by the State for conservation or recreation purposes may not be reduced or its uses substantially altered except on the vote of 2/3 of all members elected to each House.

Whereas,  certain real estate authorized for conveyance by this Act is under the designations described in the Maine Revised Statutes, Title 12, section 598-A; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. Department of Agriculture, Conservation and Forestry to release a restriction on former state land in Greenbush currently owned by Anita P. Haskell. The provision restricting the use to only agricultural or forestry purposes on the land in Greenbush currently owned by Anita P. Haskell, as required by Public Law 1993, chapter 335 and stated in a deed from the State of Maine to Anita P. Haskell and Leon L. Haskell dated February 11, 1994 and recorded in the Penobscot County Registry of Deeds, Book 5564, Page 244, must be released as provided in this section. The Department of Agriculture, Conservation and Forestry shall issue a deed to Anita P. Haskell releasing the restriction of only agricultural or forestry purposes on the land owned by Anita P. Haskell that is subject to the restriction stated in the deed from the State of Maine to Anita P. Haskell and Leon L. Haskell dated February 11, 1994 and recorded in the Penobscot County Registry of Deeds, Book 5564, Page 244. The restriction of use of the property only for agricultural or forestry purposes on the land owned by Anita P. Haskell may be released only after Anita P. Haskell and the Department of Agriculture, Conservation and Forestry have agreed that the State of Maine must be held harmless regarding any and all claims related to the property and the ownership of the property by the State of Maine and any predecessors in title. The release of the deed restriction and the hold harmless clause must be included in a single document constituting the deed to Anita P. Haskell and bind all successors in title. All legal costs related to the release of the deed restriction and the agreement regarding the hold harmless clause are the responsibility of Anita P. Haskell.

Sec. 2. Department of Agriculture, Conservation and Forestry to release a restriction on former state land in Greenbush currently owned by Anita P. Haskell. The provision restricting the use to only agricultural or forestry purposes on the land in Greenbush currently owned by Anita P. Haskell, as required by Public Law 1993, chapter 335 and stated in a deed from the State of Maine to Anita P. Haskell and Leon L. Haskell dated February 11, 1994 and recorded in the Penobscot County Registry of Deeds, Book 5564, Page 245, must be released as provided in this section. The Department of Agriculture, Conservation and Forestry shall issue a deed to Anita P. Haskell releasing the restriction of only agricultural or forestry purposes on the land owned by Anita P. Haskell that is subject to the restriction stated in the deed from the State of Maine to Anita P. Haskell and Leon L. Haskell dated February 11, 1994 and recorded in the Penobscot County Registry of Deeds, Book 5564, Page 245. The restriction of use of the property only for agricultural or forestry purposes on the land owned by Anita P. Haskell may be released only after Anita P. Haskell and the Department of Agriculture, Conservation and Forestry have agreed that the State of Maine must be held harmless regarding any and all claims related to the property and the ownership of the property by the State of Maine and any predecessors in title. The release of the deed restriction and the hold harmless clause must be included in a single document constituting the deed to Anita P. Haskell and bind all successors in title. All legal costs related to the release of the deed restriction and the agreement regarding the hold harmless clause are the responsibility of Anita P. Haskell.

summary

This bill rescinds the statutory restriction of only agricultural or forestry purposes on 2 parcels of former state land in Greenbush currently owned by Anita P. Haskell and directs the Department of Agriculture, Conservation and Forestry to issue a deed to each parcel to Anita P. Haskell releasing the restriction on those parcels. Anita P. Haskell and the Department of Agriculture, Conservation and Forestry are required to agree that the State must be held harmless regarding any and all claims related to the property and the ownership of the property by the State and any previous owners. It also requires that the release of the deed restriction and hold harmless clause become part of the deed and bind all successors in title. The bill also requires that Anita P. Haskell pay all legal costs associated with the release of the deed restriction and the hold harmless agreement. The bill also requires, pursuant to the Constitution of Maine, an affirmative vote of 2/3 of the members of the Legislature.


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