Resolve, Authorizing the Commissioner of Administrative and Financial Services To Sell or Lease the Interests of the State in Certain Real Estate Located in Ludlow, Maine
Maine Legislature, Session 121, LD 1446
Committee: State and Local Government
Sponsors: McLAUGHLIN

Legislative Document 
No. 1446 
H.P.1058 
House of Representatives, March 26, 2003 
Resolve, Authorizing the Commissioner of Administrative and 
Financial Services To Sell or Lease the Interests of the State in 
Certain Real Estate Located in Ludlow, Maine 
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. 
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MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative McLAUGHLIN of Cape Elizabeth. 
Printed on recyc led paper 
Sec. 1. Definitions. Resolved: 
That, as used in 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 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. 
Enter into a lease or leases or convey by sale 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, execute and deliver 
other 
rights 
that, 
in 
the 
commissioner's 
contribute to the value of a 
proposed sale 
State's interests; and 
any easements or 
discretion, 
may 
or lease of the 
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 or leased is all rights, 
title and interests as successor to the Maine School Building 
Authority 
in 
property 
to 
which 
the 
Maine 
School 
Building 
Authority acquired title from the inhabitants of the Town of 
Ludlow by deed dated June 29, 1962 and recorded in Book 857, Page 
114; 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 
terms 
the 
commissioner 
considers 
appropriate; however, the state property must be sold "as is," 
with no representations or warranties. 
Page l-LR1986(1) 
Title must be transferred by quitclaim deed without covenant 
and executed by the commissioner; and be it further 
Sec. 5. Exemptions. Resolved: 
That the state property must 
first be offered to the Town of Ludlow; 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. 
The 
commissioner 
may 
list the 
state 
property for sale or lease with private real estate brokers at 
the appraised value of the state property and negotiate sales or 
leases, 
solicit ,bids, 
sell directly to 
purchasers 
or 
enter 
di rectly into leases with tenants. 
The commissioner may rej ect 
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 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, 
as 
established in the Maine Revised Statutes, Title 30-A, section 
4853; and be it further 
Sec. 8. 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 release the State's interest in state 
property formerly used for school purposes in the Town of Ludlow.