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RESOLVES
First Regular Session of the 120th

CHAPTER 53
H.P. 1337 - L.D. 1791

Resolve, Authorizing a Land Transaction by the Bureau of Parks and Lands

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

     Whereas, the nonreserved public lands authorized for conveyance by this resolve are under the designations described in the Maine Revised Statutes, Title 12, section 598-A; and

     Whereas, the Director of the Bureau of Parks and Lands within the Department of Conservation may execute deeds on behalf of the State for nonreserved public lands to convey lands that have been authorized for conveyance by the Legislature or sold by lawful authority subject to the provisions of the Maine Revised Statutes, Title 12, section 598-A; and

     Whereas, pursuant to Resolve 1999, chapter 112, the Director of the Bureau of Parks and Lands was granted the authority to convey, and did convey, certain nonreserved public lands in the Town of New Gloucester, the Town of North Yarmouth and the Town of Gray to October Corporation subject to certain restrictions and reservations agreed upon by the director; and

     Whereas, the Director of the Bureau of Parks and Lands, within such discretion so granted, has determined it is appropriate to release and terminate certain deed restrictions that were imposed on a certain portion of the land; now, therefore, be it

     Sec. 1. Director of Bureau of Parks and Lands authorized to convey certain nonreserved public lands in State. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Conservation, by quitclaim deed and subject to certain restrictions and reservations to be agreed upon by the director, may convey the following property for not less than fair market value to October Corporation, a Maine nonprofit corporation with a mailing address of One Canal Plaza, P. O. Box 426, Portland, Maine 04112-0426:

     Sec. 2. Director of Bureau of Parks and Lands authorized to release certain deed restrictions on land previously conveyed. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Conservation may release and terminate those deed restrictions imposed on the land referred to in Resolve 1999, chapter 112 as the director determines appropriate; and be it further

     Sec. 3. Use of proceeds from sale of property. Resolved: That the proceeds from the sale of the property described in section 1 must be used to purchase land in Cumberland County, subject to the provisions of the Maine Revised Statutes, Title 12, section 598-B; and be it further

     Sec. 4. Property exempt from certain laws and requirements. Resolved: That, notwithstanding any other provision of law or regulatory requirement, the property transferred pursuant to this resolve may not first be offered to the Maine State Housing Authority or any other state or local agency; and be it further

     Sec. 5. Sale not subject to conditions. Resolved: That, notwithstanding Resolve 1975, chapter 6, the transfer of property authorized by this resolve is not subject to the terms, conditions and restrictions set forth in Resolve 1975, chapter 6, section 4 and the terms, conditions and restrictions are released and repealed as they relate to the property to be transferred pursuant to this resolve.

Effective September 21, 2001, unless otherwise indicated.

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