Resolve, Concerning Rights-of-way over Eastern Road in Scarborough
Maine Legislature, Session 126, LD 0280
Committee: Inland Fisheries and Wildlife
Sponsors: HASKELL, DAVIS

Legislative Document 
No. 280 
S.P. 113 
In Senate, February 7, 2013 
Resolve, Concerning Rights-of-way over Eastern Road in 
Scarborough 
Submitted by the Department of Inland Fisheries and Wildlife pursuant to Joint Rule 204. 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator HASKELL of Cumberland. 
Cosponsored by Representative DAVIS of Sangerville. 
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 conveyances ratified by this resolve are located within 
areas designated under the Maine Revised Statutes, Title 12, section 598-A as designated 
lands; now, therefore, be it 
Sec. 1.  Easements for access to Eastern Road in the Town of 
Scarborough. Resolved:  That the grants of certain rights-of-way over portions of 
Eastern Road, a former railroad right-of-way in the Town of Scarborough owned by the 
State and recited in section 2, made by the Department of Inland Fisheries and Wildlife, 
referred to in this resolve as "the department," are hereby ratified.  These nonexclusive 
easements have been determined by the department or the United States Department of 
the Interior, United States Fish and Wildlife Service not to significantly or unreasonably 
interfere with the department's use of Eastern Road or the goals and management of the 
Scarborough Marsh Wildlife Management Area and over a period of years were given in 
exchange for other lands, rights in land or the release of development rights, all benefiting 
the Scarborough Marsh Wildlife Management Area; and be it further 
Sec. 2.  Conveyances described. Resolved:  That the deeds, recorded in the 
Cumberland County Registry of Deeds, conveying easements that are ratified as 
described under section 1 are as follows:  
1.  State of Maine to Scarborough Sanitary District, Book 5098, Page 273, August 9, 
1982; 
2.  State of Maine to Rachel H. Demers and Donald J. Clark, Book 6596, Page 269, 
September 6, 1984; 
3.  State of Maine to Evergreen Farms Association, Book 8517, Page 175, October 7, 
1988; 
4.  State of Maine to Town of Scarborough, Book 12870, Page 18, December 2, 
1996; 
5.  State of Maine to Richard J. Sullivan, Book 17599, Page 105, April 29, 2002; and 
6.  State of Maine to Ballantyne Development LLC, Book 23060, Page 296, August 
18, 2005. 
SUMMARY 
This resolve ratifies certain conveyances made by the Department of Inland Fisheries 
and Wildlife that granted access to Eastern Road in the Town of Scarborough. These 
nonexclusive easements were determined by the department or the United States 
Department of the Interior, United States Fish and Wildlife Service not to significantly or 
unreasonably interfere with any use for which the Eastern Road was acquired.