An Act To Release a Restriction on Former State Land in Passadumkeag Currently Owned by Dale Ross
Maine Legislature, Session 126, LD 0312
Committee Amendment CA_A_H101 (House)

COMMITTEE AMENDMENT "A" to H.P. 221, L.D. 312, Bill, "An Act To 
Release a Restriction on Former State Land in Passadumkeag Currently Owned by Dale 
Ross" 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'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 Act is under the 
designations described in the Maine Revised Statutes, Title 12, section 598-A; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. Department of Agriculture, Conservation and Forestry to release 
a restriction on former state land in Passadumkeag currently owned by Dale 
Ross. The provision restricting the use to only agricultural or forestry purposes on the 
land in Passadumkeag currently owned by Dale Ross as required by Public Law 1993, 
chapter 335, and stated in a deed from the State of Maine to Dale Ross's predecessor in 
interest dated February 11, 1994 and recorded in the Penobscot County Registry of 
Deeds, Book 5564, Page 246, must be released as provided in this section. 
The 
Department of Agriculture, Conservation and Forestry shall issue a deed to Dale Ross 
releasing the restriction of only agricultural or forestry purposes on the land owned by 
Dale Ross that is subject to the restriction stated in the deed from the State of Maine to 
Dale Ross's predecessor in interest dated February 11, 1994 and recorded in the 
Penobscot County Registry of Deeds, Book 5564, Page 246. The restriction of use of the 
property only for agricultural or forestry purposes on the land owned by Dale Ross may 
be released only after Dale Ross and the Department of Agriculture, Conservation and 
Forestry have agreed that the State of Maine must be held harmless regarding any and all 
claims related to the property and the ownership of the property by the State of Maine and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A" to H.P. 221, L.D. 312 
any predecessors in title. The release of the deed restriction and the hold hannless clause 
must be included in a single document constituting the deed to Dale Ross and bind all 
successors in title. All legal costs related to the release of the deed restriction and the 
agreement regarding the hold harmless clause are the responsibility of Dale Ross.' 
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on 
Agriculture, Conservation and Forestry. It amends the bill by requiring that Dale Ross, 
the owner of the property that is subject to the deed restriction, and the Department of 
Agriculture, Conservation and Forestry agree that the State must be held hannless 
regarding any and all claims related to the property and the ownership of the property by 
the State and any previous owners. The amendment also requires that the release of the 
deed restriction and hold harmless clause become part of the deed and bind all successors 
in title. The amendment also requires that Dale Ross pay all legal costs associated with 
the release of the deed restriction and the hold hannless agreement. The amendment also 
requires, pursuant to the Constitution of Maine, an affinnative vote of 2/3 of the members 
of the Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/02/13 
~ac.. 
LD312 
LR 817(02) 
An Act To Rdease a Restriction on Former State Land in Passadumkeag Currently Owned by Dale 
Ross 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment J\!' (H-10l) 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Department of Agriculture, Conservation and Forestry associated with issuing the deed with 
the hold harmless clause can be absorbed within existing budgeted resources. 
LR0817(02) - Fiscal Note - Page 1 of 1