Resolve, Authorizing the Commissioner of Administrative and Financial Services To Sell or Lease the Interests of the State in Certain Real Property Located in Rockwood and Sinclair in the Unorganized Territory
Maine Legislature, Session 125, LD 1552
Committee: State and Local Government
Sponsors: COTTA

Legislative Document 
No. 1552 
H.P. 1139 
House of Representatives, May 5, 2011 
Resolve, Authorizing the Commissioner of Administrative and 
Financial Services To Sell or Lease the Interests of the State in 
Certain Real Property Located in Rockwood and Sinclair in the 
Unorganized Territory 
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. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative COTTA of China. 
Sec. 1.  Authority to convey state property. Resolved: That, notwithstanding 
any other provision of law, the State, by and through the Commissioner of Administrative 
and Financial Services, referred to in this resolve as "the commissioner," may: 
1. Enter into a lease or leases or convey by sale the interests of the State in the state 
property described in section 2 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; 
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, subchapter 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 of the remaining state property; and be it further 
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 in Rockwood formerly occupied by the Rockwood Elementary 
School consisting of approximately 6.35 acres conveyed to the Town of Rockwood 
School District and recorded in the Somerset County Registry of Deeds, Book 1516, Page 
154; and 
2. A parcel of land in Sinclair occupied by the Patrick Theriault School consisting of 
approximately 73 acres conveyed to the Town of Sinclair School District and recorded in 
the Aroostook County Registry of Deeds, Book 939, Page 228; and be it further 
Sec. 3.  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 described in section 2 
must be sold as is, with no representations or warranties. 
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 from 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 
Sec. 5.  Appraisal. Resolved: That the commissioner 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 lease of 
unorganized territory property pursuant to this resolve must be deposited into the 
Unorganized Territory Education and Services Fund, as designated by the commissioner; 
and be it further 
Sec. 7.  Repeal. Resolved: That this resolve is repealed 5 years from its effective 
date. 
SUMMARY 
This resolve authorizes the State to sell or lease specific land and buildings in the 
unorganized territories that are no longer necessary to the Department of Education and 
directs the proceeds of any sale and lease to the Unorganized Territory Education and 
Services Fund.