An Act Regarding Conveyance of Easements across Railroad Rights-of-way
Maine Legislature, Session 125, LD 0514
Committee: Agriculture, Conservation and Forestry
Sponsors: SAVIELLO
Amends: 5 MRSA §6209, 12 MRSA §598, 12 MRSA §1814-A

Legislative Document 
No. 514 
S.P. 147 
In Senate, February 15, 2011 
An Act Regarding Conveyance of Easements across Railroad 
Rights-of-way 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §6209, sub-§6, as amended by PL 1993, c. 728, §13, is further 
amended to read: 
6.  Legislative approval.  Land Except as provided in this subsection, land acquired 
under this chapter may not be sold or used for purposes other than those stated in this 
chapter, unless approved by a 2/3 majority of the Legislature.  Notwithstanding any other 
provision of law, including a bond authorization, an easement across a railroad 
right-of-way acquired under this chapter may be sold or conveyed without the approval of 
the Legislature if the easement sale or conveyance is approved by the Governor and the 
Commissioner of Conservation and is in accordance with rules established by the by the 
Department of Conservation, Bureau of Parks and Lands under Title 12, section 1814-A. 
Sec. 2.  12 MRSA §598, sub-§4, as enacted by PL 1993, c. 639, §1, is amended to 
read: 
4.  Reduced.  "Reduced" means a reduction in the acreage of an individual parcel or 
lot of designated land under section 598-A.  "Reduced" does not mean a reduction in the 
value of the property.  "Reduced" as applied to a railroad right-of-way acquired pursuant 
to Title 5, chapter 353 or section 1813 does not include the conveyance of an easement 
across that railroad right-of-way in accordance with rules adopted pursuant to section 
1814-A. 
Sec. 3.  12 MRSA §598, sub-§5, as amended by PL 1997, c. 678, §7, is further 
amended to read: 
5.  Substantially altered.  "Substantially altered,", in the use of designated lands, 
means changed so as to significantly alter physical characteristics in a way that frustrates 
the essential purposes for which that land is held by the State.  The essential purposes of 
state parks, historic sites, public access sites, facilities for boats and the Allagash 
Wilderness Waterway are the protection, management and improvement of these 
properties for public recreation, conservation, scenic values, nature appreciation, historic 
preservation and interpretation, public access and related purposes.  The essential 
purposes of public reserved and nonreserved lands are the protection, management and 
improvement of these properties for the multiple use objectives established in section 
1847.  The essential purposes of lands acquired through the Land for Maine's Future 
Board that are not held by the Department of Inland Fisheries and Wildlife or by the 
Department of Conservation are the protection, management and improvement of those 
lands for recreation, conservation, farming, open space, plant and animal habitat, scenic 
values, public access and related purposes.  The essential purposes of state-owned 
wildlife management areas and game farms are the protection, management and 
improvement of those properties for fish and wildlife habitat and propagation, hunting, 
trapping, fishing, recreation, propagation and harvesting of forest and other natural 
products and related purposes.  "Substantially altered" as applied to a railroad right-of-
way acquired pursuant to Title 5, chapter 353 or section 1813 does not include the 
conveyance of an easement across that railroad right-of-way in accordance with rules 
adopted pursuant to section 1814-A. 
Sec. 4.  12 MRSA §1814-A is enacted to read: 
§1814-A.  Easements across rail trails. 
With the consent of the Governor and the commissioner, the bureau may sell or 
convey easements across railroad rights-of-way acquired under section 1813 without 
legislative approval under section 598-A in accordance with rules adopted by the bureau 
under this section.  The rules must define the type, size and use of easements that may be 
sold or conveyed under this section or under Title 5, section 6209, subsection 6.   Rules 
adopted in this section are major substantive rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
SUMMARY 
This bill allows the Department of Conservation, Bureau of Parks and Lands and the 
Land For Maine's Future Board to sell or convey easements across rail trails without 
legislative approval.