Resolve, Authorizing Certain Land Transactions by the Department of Conservation, Bureau of Parks and Lands
Maine Legislature, Session 124, LD 1158
Committee: Agriculture, Conservation and Forestry
Sponsors: PIEH, NUTTING

Legislative Document 
No.US8 
H.P.797 
House of Representatives, March 25,2009 
Resolve, Authorizing Certain Land Transactions by the Department 
of Conservation, Bureau of Parks and Lands 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
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1I1.1J?1I£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative PIEH of Bremen. (GOVERNOR'S BILL) 
Cosponsored by Senator NUTTING of Androscoggin. 
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Preamble. The Constitution of Maine, Aliicle IX, Section 23 requires that real 
. estate held by the State for conservation or recreation purpos~s may not be reduced or its 
uses substantially altered except on the vote of 2/3 of all members elected to each House .. 
Whereas, certain real estate authorized for conveyance by this resolve falls under 
the designations described hi the Maine Revised Statutes, Title 12, section 598-A; and 
Whereas, the Director of the Bureau of Parks and Lands within the Department of 
Conservation may sell or exchange lands with the approval of the Legislature in 
accordance with the Maine Revised Statutes, Title 5, section 6209 and Title 12, sections 
1814, 1837 and 1851; now, therefore, be it 
Sec. 1. 
Director of Bureau of Parks and Lands' authorized, but not 
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directed, to convey certain interests in land in the Town of Damariscotta, 
LincOln County. Resolved: That the Director of the Bureau of Parks and Lands 
within the Department of Conservation may by quitclaim deed without covenant, for fair 
market value or for exchange of land or interests in land of comparable market value, and' 
on such other terms and conditions as the director may direct, convey any portion of the 
1/2-acre Shell Heaps Lots, so-called, in Damariscotta, recorded in the Lincoln County 
Registry of Deeds in Book 650, Page 362. The conveyance may come only with the 
. written approval of the Director of the Maine Historic Preservation Commission and any 
required approvals by heirs of the donor of the parcel or required approvals by a cOUIi of 
law. The conveyailce may occur only in order to advance a plan forrecreational trail 
development on adjacent parcels of land. The conveyance may be to any paJiy; and be it 
further 
,Sec. 2. 
Director of Bureau of Parks and Lands authorized, but not 
directed, to convey certain interests in land in the Town of Van Buren, 
Aroostook County. Resolved: That the Director of the Bureau of Parks and Lands 
within the Department of Conservation may by quitclaim deed without covenant convey 
OIie crossing easement across the Bangor and Aroostook Trail, so-called, for fair market 
value and on such terms and conditions as the director may direct including maintenance· 
and safety obligations and responsibilities. The easement may be granted to any party 
and may be to benefit any property, including but not limited to property currently 
controlled by Mid-Ozarks Investments, LLC, located on the Lake Road in the Town of 
Van Buren; and be it f'Uliher 
Sec. 3. 
Director of Bureau of Parks and Lands authorized, but not 
directed, to convey certain interests in land in the Town of Brownville, 
Piscataquis County. Resolved; That the Director of the Bureau of Parks and Lands 
within the Department of Conservation may by quitclaim deed without covenant convey 
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access rights either by fee or easement over an old woods road and pOliions of other lands 
owned by the bureau, for fair m'arket value, and on such other terms and conditions as the 
director may direct, including maintenance and safety obligations and responsibilities. 
The lands owned by the bureau,a portion of which may be ,conveyed, consist of 
approximately 20 acres consisting of an old gravel pit and woods road and other lands 
adjacent to the Katahdin Iron Works Multi-use Trail off Front Street in the Town of 
Page I - 124LR1904(01)-1 
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Brownville, recorded in the Piscataquis County Registry of Deeds in Book 1577, Page 
267. The easement may be granted to any party and may be to benefit any property, 
including but not limited to property currently controlled by abutter Paul Foulkes or his 
successors or assigns; and be it further 
. 
Sec. 4. 
Director of Bureau of Parks and Lands authorized, but not 
directed, to convey certain minority interests in land 'in Tt2 Rt7 WELS, 
Aroostook County. Resolved: That the Director of the Bureau of Parks and Lands 
within the Depal1ment of Conservation may by quitclaim deed without covenant, for fair 
market value, and on such other terms and conditions as the director may direct, convey 
any and all minority interests in common undivided interests in lands owned by the 
Bureau of Parks and Lands in TI2 R 17 WELS to any party, which minority common 
undivided interests are estimated to be approximately 1,006 acres unlocated; and be it 
further 
Sec. S. 
Director of Bureau' of Parks and' Lands authorized, but not 
directed, to convey certain· interests in land in TS R13 WELS, Chesuncook 
Township, Piscataquis County. Resolved: 
That the Director of the Bureau of 
Parks and Lands within the Department of Conservation may by quitclaim deed without 
covenant, for negotiated value, and on such other terms and conditions as the-director 
may direct, conveyor release a parcel of land to Bruce Bailey as the Successor Trustee of 
the Bailey Family Trust, such land described in a boundary survey performed by AMES 
AlE entitled, "Bailey, Surprenant, State of Maine, and Piscataquis County - Final 
Disposition Plan" dated September II; 2007 and revised March 4, 2008. The. parcel 
contains approximately 12/1 00 of an acre and is a portion of those premises conveyed by 
Ansel B"Smith, et aI., to James Henderson by deed. recorded on August '8, 1927 in Book 
228, Page 94 in the Piscataquis County Registry of Deeds. Said parcel is also a portion of 
those premises conveyed by Peter Simmons a/kla Peter E. Simmons, Trustee of the 
Simmons Trust, to Bruce W. Bailey, Successor Trustee of the Bailey Family Trust, by. 
deed dated May 7, 2006 and recorded in Book 1744, Page 243 in the Piscataquis County' 
Registry of Deeds; and be·it further 
Sec. 6. 
Director of Bureau of Parks· and Lands authorized, but not 
directed, to convey certain interests in land in TS R13 WELS, Chesuncook 
Township, Piscataquis County. Resolved: 
That the Director of the Bureau of 
Parks and Lands within the Department of Conservation may by quitclaim deed without 
covenant, for negotiated value, and on such other terms and conditions as the director 
may direct, conveyor release a parcel of land to the government of Piscataquis County, 
such land described in a boundary survey performed by AMES AlE entitled, "Bailey, 
Surprenant, State of Maine, and Piscataquis County - Final Disposition - Main Street 
Chesuncook Village" dated September 11, 2007 and revised March 4, 2008. The parcel 
contains approximately 63/1 00 of an acre. and is a portion of the property conveyed by 
Ansell Smith to the Inhabitants of the Plantation ofChesuncook by deed dated August 30, 
1924, and recorded in Book 218, Page 310 in the Piscataquis County Registry of Deeds; 
and Great Northern Nekoosa Corp. to the State of Maine by deed dated November 12, 
1975 and recorded in Book 434, Page 486 in the Piscataquis County Registry of Deeds. 
The parcel also contains pOI1:ions of those premises reserved in a deed from the heirs of 
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Ansell Smith to Great Northern Paper Company dated December 1, 1929 and recorded in 
Book 234, Page 358 in the Piscataquis County Registry of Deeds. 
SUMMARY 
This resolve allows the Department of Conservation, Bureau of Parks and Lands to 
sell or swap a portion of the Shell Heaps Lots in the Town of Damariscotta, with the 
concurrence of the Maine Historic Preservation Commission, in order "to advance a plan 
for recreational trail development on adjacent parcels. 
The resolve allows the Bureau of Parks and Lands to sell an access easement crossing' 
the Bangor and Aroostook Trail in the Town of Van Buren. 
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. The resolve allows the Bureau of Parks and Lands to sell an easement or sell a fee 
portion to an abutter of a parcel of land owned by the Bureau of Parks and Lands in the 
Town of Brownville near the Katahdin Iron Works Multi-use Trail. 
The resolve allows the Bureau of Parks and Lands to sell its minority common 
undivided interests in land in TI2 R17 in Aroostook County. 
The resolve allows for the resolution of a boundary dispute in Chesuncook Village in 
Piscataquis County by allowing the Bureau of Parks and Lands to transfer a fraction of an 
acre each to Piscataquis County and to an abutter. 
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