Resolve, Authorizing the Commissioner of Administrative and Financial Services To Sell or Lease the Interests of the State in Certain Real Property Located in Bangor, Boothbay Harbor and Hallowell
Maine Legislature, Session 126, LD 0955
Committee: State and Local Government
Sponsors: HAYES, COTTA

Legislative Document 
No. 955 
H.P. 668 
House of Representatives, March 12, 2013 
Resolve, Authorizing the Commissioner of Administrative and 
Financial Services To Sell or Lease the Interests of the State in 
Certain Real Property Located in Bangor, Boothbay Harbor and 
Hallowell 
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. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative HAYES of Buckfield. 
Cosponsored 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, may: 
1. Enter into a lease or leases or convey by sale any or a portion of 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 or parcels of land and buildings, or any portion of the parcel or parcels of 
land and buildings, in the City of Bangor, comprising the site now or formerly known as 
the Bangor Mental Health Institute, occupied currently in part by the Dorothea Dix 
Psychiatric Center, and any associated land and parking areas as may be necessary in the 
determination of the Commissioner of Administrative and Financial Services, including, 
but not limited to, all or a portion of the properties described in deeds recorded in the 
Penobscot County Registry of Deeds: Book 601, Page 24; Book 601, Page 26; Book 601, 
2. A parcel or parcels of land and buildings, or any portion of the parcel or parcels of 
land and buildings, in the Town of Boothbay Harbor, now or formerly occupied by the 
Bigelow Laboratory for Ocean Sciences, and any associated land and parking areas as 
may be necessary in the determination of the Commissioner of Administrative and 
Financial Services, including, but not limited to, all or a portion of the properties 
described on the Town of Boothbay Harbor Tax Map 9, Lots 9 and 31; and be it further 
Sec. 3.  Property to be sold as is; list property.  Resolved:  That the 
Commissioner of Administrative and Financial Services 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. 
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. 
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.  Proceeds.  Resolved:  That any proceeds from the sale or lease of the state 
property described in section 2 pursuant to this resolve must be deposited into the 
Department of Administrative and Financial Services, Bureau of General Services' capital 
repair and improvement account for capital improvements; and be it further 
Sec. 6.  Resolve 2011, c. 70, Pt. B, §7, amended. Resolved: That Resolve 
2011, c. 70, Pt. B, §7, is amended to read: 
Sec. B-7.  Proceeds. Resolved:  That any proceeds from sales pursuant to this Part 
must be deposited in the Maine State Housing Authority's Housing Opportunities for 
Maine Fund, established in the Maine Revised Statutes, Title 30-A, section 
4853 Department of Administrative and Financial Services, Bureau of General Services' 
capital repair and improvement account for capital improvements as designated by the 
commissioner; and be it further 
; and be it further 
Sec. 7.  Repeal.  Resolved:  That sections 1 to 5 of this resolve are repealed 5 
years from the effective date of this resolve. 
SUMMARY 
This resolve gives the Commissioner of Administrative and Financial Services 
authority to sell or lease the property now or formerly known as the Bangor Mental 
Health Institute in the City of Bangor and the portion of the property located in the Town 
of Boothbay Harbor now or formerly occupied by the Bigelow Laboratory for Ocean 
Sciences.  The resolve also amends Resolve 2011, chapter 70, which pertains to the sale 
of property in the City of Hallowell, to provide that any proceeds from a sale be deposited 
into the Department of Administrative and Financial Services, Bureau of General 
Services' capital repair and improvement account for capital improvements.