Resolve, To Authorize the State To Convey an Unused Parcel of Land in Frenchville to an Abutting Neighbor
Maine Legislature, Session 123, LD 1941
Committee Amendment CA_A_H672 (House)

COMMITTEE AMENDMENT" f+" to H.P. 1375, L.D. 1941, "Resolve, To 
Authorize the State To Convey an Unused Parcel of Land in Frenchville to an Abutting 
Neighbor" 
Amend the resolve by striking out the title and substituting the following: 
'Resolve, Authorizing the Commissioner of Administrative and Financial 
Services To Sell the Interests of the State in a Parcel of Property in 
Frenchville' 
Amend the resolve by striking out everything after the title and before the summary 
and inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, there is a statewide radio and network system to promote effective and 
efficient emergency and other radio communication in Maine; and 
Whereas, the Department of Administrative and Financial Services may in the next 
years determine that an existing tower site in Frenchville is no longer needed for the 
statewide radio network; and 
Whereas, an abutting property owner has expressed an interest in purchasing this 
property; and 
Whereas, the department is not compelled by this resolve to sell the property but 
would be authorized by its passage to sell the site if it was determined by the department 
to be unnecessary for the purposes of the State; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1375, L.D. 1941 
Sec. 1. Definitions. Resolved: That, as used in this resolve, the following terms 
have the following meanings. 
I. "Commissioner" means the Commissioner of Administrative and Financial 
Services. 
2. "State property" means the real estate described in section 3 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 state property. Resolved: That the State, by and 
through the commissioner, may: 
I. 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 any 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 ofthe 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 part of Lot No. 97 in Frenchville, Aroostook 
County. The property begins at a point 83 feet north from the center of Star Bam Road, 
so-called, and 121 feet west from the west line of Arthur Bourgoin's land, and moves in a 
northerly direction 100 feet to a stake, then in a westerly direction 100 feet to a stake; 
then in a southerly direction 100 feet south to a stake; and then in an easterly direction 
feet to the point of beginning. The property includes a right-of-way 20 feet wide 
leading from Star Bam Road to the southwest corner of the premises described in this 
section; 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. 
Title must be transferred by quitclaim deed without covenant or release deed except 
as provided in section 3 and executed by the commissioner. 
The commissioner may negotiate with the owner of the abutting land to exchange or 
otherwise acquire, in the name of the State, by lease, purchase, exchange or otherwise, 
another suitable section of land for the purpose of siting communications structures and 
equipment required by the Department of Administrative and Financial Services, Office 
COMMITTEE AMENDMENT 
-
~ .• 'ir 
COMMITTEE AMENDMENT'P "to H.P. 1375, L.D. 1941 
of Information Technology pursuant to the Maine Revised Statutes, Title 5, section 1520; 
and be it further 
Sec. S. Exemptions. Resolved: That any lease or conveyance pursuant to this 
resolve is exempt from any statutory or regulatory requirement that the state 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 prior to any 
sale. The commissioner may list the state property for sale or lease with private real 
estate brokers at the state property's 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 and may decline to seek any offers; and be it further 
Sec. 7. Proceeds. Resolved: 
That any proceeds from sales pursuant to this 
resolve must be deposited into the Department of Administrative and Financial Services, 
Bureau of General Services' capital repair and improvement account for capital 
improvements or other account to benefit the statewide radio and network system under 
the Maine Revised Statutes, Title 5, section 1520 as designated by the commissioner; and 
be it further 
Sec. 8. Report. Resolved: 
That the commissioner shall report to the joint 
standing committee of the Legislature having jurisdiction over state and local government 
matters by February 1, 2011 with any actions taken pursuant to this resolve; and be it 
further 
Sec. 9. Repeal. Resolved: That this resolve is repealed 3 years from its effective 
date. 
Emergency clause. 
In view of the emergency cited In the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment replaces the resolve and adds an emergency preamble and clause. 
The amendment authorizes the sale of a piece of state property. The landowner whose 
land surrounds the section of property has expressed an interest in purchasing this piece 
of land. The Commissioner of Administrative and Financial Services may sell the State's 
interest in a parcel of land in Frenchville within the next 3 years if it is determined that it 
is not necessary for the statewide radio and network system. The commissioner shall 
report to the joint standing committee of the Legislature having jurisdiction over state and 
local government matters on any action taken pursuant to this resolve by February 1, 
2011. The commissioner may also negotiate with the landowner for an alternative site for 
the radio tower. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 01/29/08 frac:.. 
LD 1941 
LR 2951(02) 
Resolve, To Authorize the State To Convey an Unused Parcel of Land in Frenchville to an Abutting 
Neighbor 
Fiscal Note for Bill as Amended by Committee Amendment "ft " 
Committee: State and Local Government 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium revenue increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Authorizing the sale of a parcel of land in Frenchville to an abutter may increase revenue to the Bureau of General 
Services' capital repair and improvement account or other account within the Department of Administrative and 
Financial Services to benefit the statewide radio network project. Since the appraised market value and the negotiated 
sale price of the property are unknown at this time, the amount of revenue can not be determined. 
LR295 I (02) - Fiscal Note - Page I of I