Resolve, Authorizing the Commissioner of Administrative and Financial Services To Sell or Lease the Interests of the State in Property in Fayette, Maine
Maine Legislature, Session 121, LD 1784
Committee: State and Local Government
Sponsors: McLAUGHLIN

Legislative Document 
No. 1784 
H.P. l306 
House of Representatives, December 22,2003 
Resolve, Authorizing the Commissioner of Administrative and 
Financial Services To Sell or Lease the Interests of the State in 
Property in Fayette, Maine 
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 204. 
Received by the Clerk of the House on December 17, 2003. Referred to the Committee on 
State and Local Government pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
71J~117.1i/~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative McLAUGHLIN of Cape Elizabeth. 
Printed on recycled paper 
Sec. 1. Definitions. Resolved: 
That, as used 1n this resolve, 
unless the context otherwise indicates, the following terms have 
the following meanings. 
1. 
"Commissioner" means the Commissioner of Administrative 
and Financial Services. 
2. 
"State property" 
means the real and personal property 
described in section 3; and be it further 
Sec. 2. Authority to convey property. Resolved: 
That the State, 
by and through the commissioner, may: 
1. 
Lease or sell the interests of the State in the state 
property: 
2. 
Negotiate, 
draft, 
execute 
and deliver 
any 
documents 
necessary to settle any boundary line discrepancies; 
3. 
Exercise, pursuant to the Maine Revised Statutes, Title 
23, chapter 3, the power of eminent domain to quiet for all time 
any possible challenges to ownership of the state property; 
4. 
Negotiate, draft, 
other 
rights 
that, 
in 
contribute to the value 
State's interests; and 
execute and deliver any easements 
the 
commissioner's 
discretion, 
of a proposed sale or lease of 
or 
may 
the 
5. 
Release any interests 1n the state property that, in the 
commissioner's discretion, do not contribute to the value of the 
remaining state property; and be it further 
Sec. 3. Property interests that may be conveyed. Resolved: 
That 
the state property authorized to be sold or leased is one acre of 
land, more or less, near but not adjacent to the Baldwin Hill 
Road in Fayette and described in deed recorded at the Registry of 
Deeds of the County of Kennebec, State of Maine in Book 1053, 
Pages 3 and 4. 
The state property may be sold in whole or in part, at the 
discretion of 
the 
commissioner, 
subject 
to 
such permits 
or 
approvals as may be required by law; and be it further 
Sec. 4. 
Property to be sold "as is." 
Resolved: 
That 
the 
commissioner may negotiate and execute leases and purchase and 
sale 
agreements 
upon 
those 
terms 
the 
commissioner 
considers 
appropriate; however, the state property must be sold "as is," 
without any representations or warranties. 
Title must be transferred by quitclaim deed without covenant 
and executed by the commissioner; and be it further 
Sec. 5. Exemptions. Resolved: 
That any lease or conveyance 
pursuant 
to 
this 
resolve 
is 
exempt 
from 
any 
statutory 
or 
regulatory requirement that the property first be offered to the 
Maine State Housing Authority or another state or local agency; 
and be it further 
Sec. 6. Purchase price. Resolved: 
That the commissioner shall 
have the current market value of the state property determined by 
an independent appraiser. 
The commissioner may list the property 
for 
sale or 
lease with private real estate brokers 
at its 
appraised value and negotiate sales or leases, solicit bids, sell 
directly 
to 
purchasers 
or 
enter 
directly 
into 
leases 
with 
tenants. 
The commissioner may reject any offers. 
The commissioner shall establish the rent or purchase price 
and the terms of lease or sale. 
If the commissioner elects to solicit bids, the commissioner 
shall 
publish 
notices 
of 
sale 
sufficient 
to 
advertise 
the 
property. 
The commissioner may reject any bids; and be it further 
Sec. 7. Repeal. Resolved: 
That this resolve 
lS repealed 3 
years from its effective date. 
SUMMARY 
Resolve 1999, 
chapter 56, which was 
repealed by its own 
terms 
on 
September 
18, 
2002, 
authorized the 
Commissioner 
of 
Administrati ve and Financial Services to sell one acre of land, 
more or less, near but not adjacent to the Baldwin Hill Road in 
Fayette and described in deed recorded at the Registry of Deeds 
of the County of Kennebec, State of Maine in Book 1053, Pages 3 
and 4. 
This resolve reauthorizes the sale of that property for 
an additional period of 3 years.