Resolve, Authorizing the Commissioner of Administrative and Financial Services To Sell Up to 15 Acres of Land and Other Interests of the State at the Long Creek Youth Development Center, in South Portland
Maine Legislature, Session 121, LD 1512
Committee: State and Local Government
Sponsors: McLAUGHLIN, BROMLEY

Legislative Document 
No. 1512 
H.P.1105 
House of Representatives, April 2, 2003 
Resolve, Authorizing the Commissioner of Administrative and 
Financial Services To Sell Up to 15 Acres of Land and Other 
Interests of the State at the Long Creek Youth Development Center, 
in South Portland 
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 204. 
Reference to the Committee on State and Local Government suggested and ordered printed. 
/ll~/J?~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative McLAUGHLIN of Cape Elizabeth. 
Cosponsored by Senator BROMLEY of Cumberland. 
Printed on n:cyc led paper 
Sec. 1. Definitions. Resolved: 
That, as used in this resolve, 
the following terms have the following meanings. 
1. 
"Affordable neighborhood development" means a primarily 
residential development in which at least 30% of the dwelling 
units are priced at the time of initial sale or rent below the 
price determined by the Maine State Housing Authority as the 
maximum that is affordable by households whose income are less 
than 120% of the median income for the labor market area, which 
price must be established annually by the Maine State Housing 
Authority. 
Of the dwelling units in that 30%, at least 1/3 must 
be priced at the time of initial sale or rent below the price 
determined by the Maine State Housing Authority as the maximum 
that is affordable by households whose incomes do not exceed 80% 
of the median income for the labor market area, which price must 
be established annually by the Maine State Housing Authority. 
2. 
"Commissioner" means the Commissioner of Administrative 
and Financial Services. 
3. 
"State property" means 
the real estate described in 
section 3 of this resolve with the buildings and improvements, 
together with all appurtenant rights 
and easements, 
and all 
personal property located on that property, including vehicles, 
machinery, equipment and supplies; and be it further 
Sec. 2. Authority to convey property. Resolved: 
That the State, 
by and through the commissioner, may: 
1. 
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. 
Title 23, 
all time 
property; 
Exercise, in accordance with the Maine Revised Statutes, 
chapter 304, the power of eminent domain to quiet for 
any possible challenges 
to ownership of 
the state 
4. 
Negotiate, draft, execute and deliver any easements, 
conservation 
easements 
or 
other 
rights 
that, 
in 
the 
commissioner's discretion, 
may contribute to 
the value of 
a 
proposed sale or lease of the State's interests; and 
5. 
Release any interests in 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 pursuant to this resolve 
is up to 15 acres of unimproved land, subject to existing rights 
and 
Page l-LR1975(1) 
easements, designated Parcel D "Terrace Housing" on the "Maine 
Youth Center" plan developed by Winton Scott Architects; except 
that 
any 
conveyance 
must 
be 
made 
subj ect 
to 
affordable 
neighborhood development covenants. 
The 
commissioner is also 
authorized to execute a boundary line agreement with the City of 
Portland to straighten a jog in the property line separating the 
old Maine Youth Center from the Portland International Jetport; 
the parcels exchanged must be roughly equivalent in size and of 
similar value so that no consideration is required; and be it 
further 
Sec. 4. Property to be sold as is. Resolved: 
That the commissioner 
may negotiate and execute purchase and sale agreements upon terms 
the commissioner considers appropriate. 
The state property must 
be sold as is, with no representations or warranties. 
Title 
must 
be 
transferred 
by 
quitclaim 
deed 
without 
covenant, 
executed by the commissioner, 
but the 
acres in 
section 3 must be transferred subject to affordable neighborhood 
development covenants; and be it further 
Sec. 5. Exemptions. Resolved: 
That any 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. Appraisal. Resolved: 
That the commissioner shall have 
the current market value of the state property determined by an 
independent appraiser with the assumption that the 15 acres of 
property in section 3 are subject to affordable neighborhood 
development covenants. 
The commissioner shall first offer the 
property to an individual or entity holding a valid option on the 
property and, if the property is not purchased by the option 
holder, the commissioner may list the property for sale or lease 
with private real estate brokers at their appraised value of the 
property 
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 purchase price and 
terms of sale. 
If the commissioner elects to solicit bids, the commissioner 
shall publish notices of sale sufficient to advertise the state 
property. 
The commissioner may reject any bids; and be it further 
Sec. 7. Proceeds. Resolved: 
That 
any proceeds 
from 
sales 
pursuant to this resolve must be deposited in the Maine State 
Housing 
Authority's 
Housing 
Opportunities 
for 
Maine 
Fund 
established in the Maine Revised Statutes, Title 30-A, section 
4853; and be it further 
Sec. 8. Land acquired. Resolved: 
That the commissioner is 
authorized to receive and hold title to such property as is 
exchanged pursuant to the boundary line agreement in section 3; 
and be it further 
Sec. 9. Repeal. Resolved: 
That this resolve is repealed 5 
years from its effective date. 
SUMMARY 
This resolve authorizes the Commissioner of Administrative 
and Financial Services to sell up to 15 acres of unimproved land 
at the Long Creek Youth Development Center in South Portland for 
affordable or workforce housing.