An Act Regarding Conveyance of Easements across Railroad Rights-of-way
Maine Legislature, Session 125, LD 0514
Committee Amendment CA_A_S183 (Senate)
Amends: 5 MRSA §6209, 12 MRSA §598, 12 MRSA §1814-A

COMMITTEE AMENDMENT" A" to S.P. 147, L.D. 514, Bill, "An Act Regarding 
Conveyance of Easements across Railroad Rights-of-way" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 5 MRS A §6209, sub-§6, as amended by PL 1993, c. 728, § 13, is further 
amended to read: 
6. Legislative approval. loaOO Except as provided in subsection 7, 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. 
Sec. 2. 5 MRSA §6209, sub-§7 is enacted to read: 
7. Conveyance of an access easement across a rail trail. Notwithstanding any 
other provision of law, the Director of the Bureau of Parks and Lands within the 
Department of Conservation, with the approval of the Governor and the Commissioner of 
Conservation, may sell or otherwise convey in accordance with Title 12, section 1814-A 
access rights by easement across a rail trail acquired under this chapter. 
For the purposes of this subsection, "rail trail" means a fonner railroad right-of-way in 
which the Department of Conservation holds an ownership interest and that is: 
A. No longer used for rail service; and 
B. Managed by the Department of Conservation for use as a recreational trail. 
Sec. 3. 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" does not mean the conveyance of an access right by 
easement in accordance with section 1814-A. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 147, L.D. 514 
Sec. 4. 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" does not mean the conveyance of 
an access right by easement in accordance with section 1814-A. 
Sec. 5. 12 MRSA §1814-A is enacted to read: 
§1814-A. Easements across rail trails 
To the extent permitted by the deed or other instrument of ownership, the director, 
with the consent of the Governor and the commissioner, may sell or otherwise convey a 
right of access by easement across a rail trail as provided in this section. For the purposes 
of this section, "rail trail" means a former railroad right-of-way that is no longer used for 
rail service, in which the department has an ownership interest and that is managed by the 
department for use as a recreational trail. 
1. Notice. At least 30 days prior to conveying a right of access by easement under 
this section, the director shall notify interested parties of the proposed conveyance, 
providing the location and purpose of the access easement and the anticipated date of 
conveyance. The notice must provide a name and contact information for a person at the 
bureau to whom inguiries may be made and comments submitted. For the purposes of 
this section, "interested parties" means owners of property abutting the parcel on which 
the proposed right of access is located, local trail clubs, statewide trail associations, the 
municipality in which the proposed easement is located, the Land for Maine's Future 
Board, each Legislator and other persons with a known interest in the use of the segment 
of the rail trail affected by the proposed conveyance. 
2. Terms of conveyance. The access easement must include terms that ensure the 
transaction does not unreasonably interfere with the safety, maintenance and continuity of 
the rail trail. The access easement must ensure that public investment in the rail trail is 
protected by a negotiated exchange of value. The exchange of value may include, but is 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 147, L.D. 514 
not limited to, negotiated improvements to the rail trail or payment of survey, title and 
appraisal expenses associated with the conveyance of the right of access by easement. 
3. Proceeds from sale of an access easement. Proceeds from the sale of a right of 
access by easement under this section must be deposited in the Maine State Parks and 
Recreational Facilities Development Fund established under section 1825. 
4. 
Opportunity for review by legislative committee. 
A Legislator receiving 
notification under subsection 1 may notify the director of concerns and may in writing 
request review of the proposed access easement by the joint standing committee of the 
Legislature having jurisdiction over parks and lands matters. A Legislator requesting a 
review under this subsection shall notify the chairs of the joint standing committee of the 
request. 
When a request for legislative review is received under this subsection, the director may 
not finalize the transfer until the legislative committee has met and reviewed the proposed 
transaction.' 
SUMMARY 
This amendment clarifies the authority of the Director of the Bureau of Parks and 
Lands within the Department of Conservation to convey a right of access by easement 
across a rail trail. It requires the director to notify interested parties at least 30 days prior 
to conveying a right of access by easement and defines "interested parties." 
The 
definition of interested parties includes Legislators. 
The amendment provides an 
opportunity for a Legislator to object to a proposal conveyance and necessitates approval 
by the Legislature if an objection is received prior to the conveyance of a right of access 
by easement. 
The amendment requires an access easement to contain terms ensuring the safety, 
maintenance and continuity of the rail trail and protection of the public investment and 
specifies that a negotiated exchange of value may include improvements to the rail trail 
and that proceeds from the sale of a right of access by easement must be deposited into 
the Maine State Parks and Recreational Facilities Development Fund. 
FISCAL NOTE REQUIRED 
(See A.ttached) 
COMMITTEE AMENDMENT 
Revised: 04/22111 
p/ac:.. 
LD 514 
LR 1453(02) 
An Act Regarding Conveyance of Easements across Railroad Rights-of-way 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "A" ~ ""3 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor savings - General Fund 
Eliminating the requirement of legislative approval and replacing it with legislative review for conveyance of access 
rights by easement across rail trails will result in minor General Fund savings as a result of reduced processing time. 
No change to the budget is required. 
LR1453(02) - Fiscal Note - Page 1 of 1