Resolve, Regarding Access to Eastern Road in Scarborough
Maine Legislature, Session 125, LD 1817
Committee: Inland Fisheries and Wildlife
Sponsors: VOLK, BARTLETT, CLARK, MARTIN

Legislative Document 
No. 1817 
H.P. 1340 
House of Representatives, February 14, 2012 
Resolve, Regarding Access to Eastern Road in Scarborough 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative VOLK of Scarborough.  (GOVERNOR'S BILL) 
Cosponsored by Senator BARTLETT of Cumberland and 
Representative: CLARK of Millinocket, Senator: MARTIN of Kennebec. 
Preamble.  The Constitution of Maine, Article IX, Section 23 requires that real 
estate held by the State for conservation or recreation purposes 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 is under the 
designations described in the Maine Revised Statutes, Title 12, section 598-A; now, 
therefore, be it 
Sec. 1.  Acquisition of easement for access to Eastern Road in the Town of 
Scarborough.  Resolved:  That the Department of Inland Fisheries and Wildlife, 
referred to in this resolve as "the department," shall convey a nonexclusive easement for 
farm, conservation and residential use to Anthony Attardo and Anthony Attardo, Jr., 
referred to in this resolve as "the Attardos," through and across Eastern Road in the Town 
of Scarborough, running westerly from the intersection of Eastern Road with the westerly 
side of Black Point Road to the westerly sideline of Anthony Attardo, Jr.'s lot as the 
westerly terminus; which nonexclusive easement does not significantly or unreasonably 
interfere with any use contemplated for Eastern Road or the Scarborough Marsh Wildlife 
Management Area; and be it further 
Sec. 2.  Consideration for easement.  Resolved:  That the Attardos shall grant 
to the department an easement in a mutually acceptable location for maintenance, running 
from Eastern Road southerly across the land of the Attardos situated on the easterly side 
of Black Point Road, for the purpose of maintaining undeveloped lands owned or 
controlled by the department, which easement benefits the department and the people of 
the State by providing an access near the Scarborough Marsh Wildlife Management Area 
that will allow the department to better manage the area, and this benefit exceeds any loss 
of value due to the nonexclusive easement conveyed in section 1.  The Attardos shall 
reimburse the department for the department's legal expenses up to $2,800.  The granting 
of the easement to the department and the paying of the department's legal fees are the 
only considerations that are required of the Attardos in return for the nonexclusive 
easement conveyed under section 1; and be it further 
Sec. 3.  Transfer.  Resolved:  That the department shall deliver the deeds 
conveying the easement under section 1 to the Attardos upon completion of all necessary 
permits and approvals by the United States Department of the Interior, United States Fish 
and Wildlife Service; and be it further 
Sec. 4.  Resolve 2011, c. 57, repealed. Resolved: That Resolve 2011, c. 57 is 
repealed. 
SUMMARY 
Resolve 2011, chapter 57 authorized the conveyance of certain state property that is 
subject to provisions of the Constitution of Maine that require an affirmative vote of 2/3 
of the members elected to each House, but did not contain certain necessary language 
memorializing the Legislature's vote.  This resolve repeals Resolve 2011, chapter 57 and 
enacts the language conveying the property along with the necessary language concerning 
the Legislature's 2/3 vote.  The Department of Inland Fisheries and Wildlife must deliver 
the deeds to the Attardos upon approval of all necessary permits and approvals.