Resolve, To Continue Consultation and Conditions Prerequisite to the Sale or Lease of Certain Real Property in Hallowell
Maine Legislature, Session 126, LD 1152
Committee Amendment CA_A_H679 (House)

COMMITTEE AMENDMENT" A " 
to H.P. 817, L.D. 1152, "Resolve, To Continue 
Consultation and Conditions Prerequisite to the Sale or Lease of Certain Real Property in 
Hallowell" 
Amend the resolve by striking out the title and substituting the following: 
'Resolve, Authorizing the Commissioner of Administrative and Financial Services 
To Sell or Lease the Interests of the State in Certain Real Estate Located in 
Hallowell' 
Amend the resolve by striking out everything after the title and before the summary 
and inserting the following: 
'PART A 
Sec. A-I. Resolve 2003, c. 92, Pt. A, repealed. Resolved: That Resolve 2003, 
c. 92, Pt. A is repealed; and be it further 
Sec. A-2. Resolve 2009, c. 102, repealed. Resolved: That Resolve 2009, c. 
102, as amended by Resolve 2011, c. 99, § 1, is repealed; and be it further 
Sec. A-3. Resolve 2011, c. 70, Pt. B, repealed. Resolved: That Resolve 2011, 
c. 70, Pt. B, as amended by Resolve 2013, c. 53, §6, is repealed; and be it further 
Sec. A-4. Resolve 2011, c. 99, repealed. Resolved: That Resolve 2011, c. 99 is 
repealed; and be it further 
Sec. A-5. Resolve 2013, c. 53, §6, repealed. Resolved: That Resolve 2013, c. 
53, §6 is repealed. 
PARTB 
Sec. B-1. Definitions. Resolved: That, as used in this Part, unless the context 
otherwise indicates, the following terms have the following meanings. 
COMMITTEE AMENDMENT 
ROFS 
COMMITIEE AMENDMENT" A' to H.P. 817, L.D. 1152 
1. 
"Commissioner" means the Commissioner of Administrative and Financial 
Services. 
2. "State property" means the real estate described in section 3 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; 
and be it further 
Sec. B-2. Authority to convey property. Resolved: That the State, by and 
through the commissioner, may: 
1. Enter into a lease or leases or convey by sale the interests of the State in the state 
property; 
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 304, 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, at 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, at the commissioner's discretion, do 
not contribute to the value of the remaining state property; and be it further 
Sec. B-3. Property interests that may be conveyed. Resolved: That the 
state property authorized to be sold or leased is: City of Hallowell Tax Map 6, Lot 27 
consisting of 63.5 acres, more or less; and be it further 
Sec. B-4. Conditions of sale or transfer. Resolved: That the Department of 
Administrative and Financial Services shall, prior to the sale or transfer of any portions of 
the state property authorized for sale by this Part, incorporate the following provisions 
into the conditions of sale or transfer. The sale or transfer must: 
1. Reserve for the use or transfer to the City of Hallowell a portion of the parcel 
agreed to by the State and the City of Hallowell for municipal uses. 
This right for 
reservation or transfer may be surrendered by the City of Hallowell; 
2. 
Reserve for the use or transfer to the City of Hallowell or any school 
administrative unit that includes the City of Hallowell whatever portion of the parcel as 
agreed to by the State, the City of Hallowell and the school administrative unit for 
purposes of education, educational administration or educational services to be provided 
by the school administrative unit. This right for reservation or transfer may be 
surrendered by the City of Hallowell and the school administrative unit; and 
3. Reserve a portion of the parcel for public open space or public recreation either by 
the developer retaining ownership but reserving the parcel or by transfer to any qualified 
governmental or qualified nonprofit entity. 
The commissioner, prior to issuance of any request for qualifications associated with 
the transfer of the state property, shall establish and convene a stakeholder group to guide 
COMMITTEE AMENDMENT 
ROFS 
COMMITTEE AMENDMENT ·A "to H.P. 817, L.D. 1152 
reuse, assist in crafting a request for qualifications to be issued by the Department of 
Administrative and Financial Services and review qualifications of developers. The 
stakeholder group must have representation from interested parties, unless they decline to 
participate, including City of Hallowell officials, any school administrative unit that 
includes the City of Hallowell, the members of the Legislature whose districts include the 
parcel, the Maine Historic Preservation Commission, a Hallowell-based conservation 
commission, the Department of Administrative and Financial Services and others as 
determined by the commissioner. A subgroup of the stakeholders may participate in 
whole or in part in interviews of qualified developers scheduled as part of the request for 
qualifications process and review parameters for 
development, recognizing that the 
selection decision is under the authority of the commissioner; and be it further 
Sec. B-S. Specific transactions. Resolved: That nothing in this Part may be 
construed to prohibit or require parcelization or multiple real estate transactions within 
the spirit and intent of and conditions described in section 4; and be it further 
Sec. B-6. Property to be sold as is. Resolved: That the commissioner may 
negotiate and execute leases and purchase and sale agreements upon terms the 
commissioner considers appropriate; however, the state property must be sold "as is," 
with no representations or warranties. 
Title must be transferred by quitclaim deed without covenant and executed by the 
commissioner; and be it further 
Sec. B-7. Exemptions. Resolved: That any lease or conveyance pursuant to this 
Part is exempt from any statutory or regulatory requirement that the state property first be 
offered to the Maine State Housing Authority or another state or local agency; and be it 
further 
Sec. B-S. Appraisal. Resolved: That the commissioner shall have the current 
market value of the state property determined by an independent appraiser. The 
commissioner may list the property for sale or lease with private real estate brokers at 
their appraised value of the state property and negotiate sales or leases, solicit bids, sell 
directly to purchasers or enter directly into leases with tenants. The commissioner may 
reject any offers. 
The commissioner shall establish the rent or purchase price and the terms of lease or 
sale. 
If the commissioner elects to solicit bids, the commissioner shall publish notices of 
sale sufficient to advertise the state property. The commissioner may reject any bids; and 
be it further 
Sec. B-9. Report. Resolved: That the commissioner shall provide a written 
report on the status of all efforts toward sale or transfer by February 1, 2015 to the joint 
standing committee of the Legislature having jurisdiction over state and local government 
issues; and be it further 
Sec. B-IO. Proceeds. Resolved: That any proceeds from sales pursuant to this 
Part must be deposited in the 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 
COMMITTEE AMENDMENT 
ROFS 
COMMITTEE AMENDMENT "'Ii" to H.P. 817, L.D. 1152 
Sec. B-ll. Repeal. Resolved: That this Part is repealed September 13,2016.' 
SUMMARY 
This amendment is the minority report of the committee. It changes the title and 
strikes and replaces the resolve to clarify legislation regarding the sale or lease by the 
State of real estate located in Hallowell. 
Part A repeals all prior legislation governing the sale or lease of the Stevens School 
property located in Hallowell. 
It repeals the following: 
l. Resolve 2003, chapter 92, Part A, which authorized the sale or lease of the 
Stevens School property located in Hallowell and was repealed under its own terms on 
September 13, 2011; 
2. Resolve 2009, chapter 102, which imposed conditions on the sale or transfer of 
property authorized by Resolve 2003, chapter 92, Part A; 
3. Resolve 2011, chapter 70, Part B, which authorized the sale or lease of the Stevens 
School property located in Hallowell, without mention of conditions and which was set to 
repeal on September 13, 2016; 
4. Resolve 2011, chapter 99, which amended Resolve 2009, chapter 102 to remove 
reference to the authority for sale and to impose the conditions on the sale of the property 
regardless of the authority for sale; and 
5. Resolve 2013, chapter 53, section 6, which required that any proceeds from sales 
of the Stevens School property located in Hallowell be deposited in the Department of 
Administrative and Financial Services, Bureau of General Services capital repair and 
improvement account for capital improvements as designated by the commissioner. 
Part B of the amendment authorizes the sale or lease of the Stevens School property 
located in Hallowell as in Resolve 2011, chapter 70; includes conditions from Resolve 
2009, chapter 102; and incorporates the provisions from Resolve 2013, chapter 53 
regarding the proceeds. 
r l~C...\L .\OTE REQLlRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/06/14 frac 
LD 1152 
LR 1959(02) 
Resolve, To Continue Consultation and Conditions Prerequisite to the Sale or Lease of Certain Real 
Property in Hallowell 
") \ 
Fiscal Note for Bill as Amended by Committee Amendment 'A'CH -61J~ 
Committee: State and Local Government 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium revenue increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Proceeds from the potential sale of the Augusta property will be credited to the Department of Administrative and 
Financial Services, Bureau of General Services - Capital Construction and Improvement Reserve Fund Other Special 
Revenue Funds program.