Resolve, Authorizing the Commissioner of Administrative'and Financial Services To Sell or Lease the Interests of the State in Certain Real Property Located at 187-189 State Street, Augusta, Known as the Smith-Merrill House, and at 159 Hogan Road, lBa~gor, known as the Elizabeth Levinson Center
Maine Legislature, Session 124, LD 1825
Committee: State and Local Government
Sponsors: CAIN, FLOOD, MILLETT, DIAMOND, ROSEN

MAINE STATE LEGISLATURE 
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124th MAINE LEGISLATU 
Legislative Document 
No. 1825 
H.P. 1311 
House of Representatives, March 24, 2010 
Resolve, Authorizing the Commissioner of Administrative'and 
Financial Services To Sell or Lease the Interests of the State in 
Certain Real Property Located at 187-189 State Street, Augusta, 
Known as the Smith-Merrill House, and at 159 Hogan Road, 
lBa~gor, known as the Elizabeth Levinson Center 
Reference to the Committee on State and Local Government suggested and ordered printed. 
'77l~ 1/1. 71/1LC;:f~{ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative CAIN of Orono. (GOVERNOR'S BILL) 
Cosponsored by Representatives: FLOOD of Winthrop, MILLETT of Waterford, Senators: 
DIAMOND of Cumberland, ROSEN of Hancock. 
Primed llli r~Lydt:J pap!!!' 
1. 
Sec. L Authority to convey state property. Resolved: That, notwithstanding 
any other provision of law, the State, byand thrOligh the Commissioner of Administrative 
and Financial Services, may; pursuant to the Augusta State Facilities Master Plan: 
1.. "Enter into a lease or leases or convey by sale the interests of the State in the state 
propel1y described in section 2 with the buildings and improvements, together with all 
appurtenant rights and easements, and all personal property located on that propel1y, 
"including vehicles, machinery, equipment and supplies~ 
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, chaptet 3, su~chapter 3, 
the power of eminent domain to quiet for all tilDe any possible challenges to ownership of 
the state property; 
4. Negotiate, draft, execute and deliver any easements orothei' 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 i'emaining state property; and be it f1ll1her 
Sec. 2. Property interests that may be conveyed. Resolved: That the state 
property authorized to be sold or leased is: _ 
1. 
A parcel of land and buildings on State Street in Augusta, known as the Smith-
Merrill House, occupied by the State Planning Office, and any associated land as may be 
necessary in the determination of the Commissioner of Administrative and" Financial 
Services; and 
2. 
A parcel of land and building on Hogan Road in Bangor;" known as the Elizabeth 
Levinson Center, occupied by United Cerebral Palsy of Maine, and. any associated land as 
may be necessary in the determination of the Commissioner of Administrative arid 
Financial Services; and be it further 
Sec. 3. "Property to be sold as is. Resolved: 
That the Commissioner of 
Administrative and" Financial Services may negotiate and execute leases and purchase and 
sale agreements upon terins the commissioner considers appropriate, -but the state-
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property described in section 2 must be sold "as is," with no representations or warranties. 
The title must be transferred by quitclaim deed without covenant or- release deed and 
executed by the commissioner; and be it further 
Sec. 4. Exemptions. Resolved: That any lease or conveyance pursuant to this 
resolve is exempt froln any statutory or regulatory requirement that the state property 
described in section 2 first be offered to the Maine State" Housing Authority or another 
state or local agency; and be it further 
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Sec. 5. Appraisal. Resolved: 
That 'the Commissioner of Administrative and 
Financial Services shall have the current market value of the state property described in 
section 2 determined by an independent appraiser. The commissioner may list the state 
property for sale or lease with private real estate brokers and negotiate any sales or leases, 
solicit bids, sell directly to purchasers or enter directly into leases with tenants. The 
commissioner may reject any offers; and be it further 
Sec. 6. Proceeds. Resolved: That any proceeds from the sale or I,ease of the state 
property described in section 2 pursuant to this resolve must, as designated by the 
Commissioner of Administrative and Financial Services, be deposited as uildedicated 
revenue to the General Fund, including any proceeds the comrriissioner may identify as 
II 
the result of any legislation_ enacted in the Second Regular Session of the: 124th 
Legislature, or into the Department of Administrative and Financial Services, Bureau of 
General Services' capital repair and improvement account for capital improvements; and 
be it further 
Sec. 7. Resolve 1999j'c. 114, §7, amended. Resolved: That R~solve 1999, c. 
114,§7, as amended by Resolve 2005, c. 98, §2, is further amended to read: 
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Sec. 7. Repealed. Resolved: That this resolve is repealed August 11,;w.w 2015. 
; and be it further 
Sec. 8. Repeal. Resolved: That this resolve is repealed 5 years from its effective 
date, except that the section of the resolve that amends Resolve 1999, chapter 114 is 
repealed August 1 I, 2.0 15. 
SUMMARY 
This resolve gives the Commissioner of Administrative and Financial Services 
authority to sell or lease pr<?perties identified as the Smith-Merrill House on State ,Street 
in Augusta and the Elizabeth Levinson Center on Hogan Road in Bangor. The resolve 
also extends the repeal date of Resolve 1999, chapter I 14, which pertains to the sale of 
property in Thomaston, by 5 years to August 1 I, 2015.