Resolve, Authorizing the Director of the Bureau of Parks and Lands To Convey the Parcel of Land in Kittery Known as John Paul Jones Memorial Park to the Town of Kittery
Maine Legislature, Session 127, LD 0780
Committee: State and Local Government
Sponsors: HILL, RYKERSON, BEAVERS

Legislative Document 
No. 780 
S.P. 278 
In Senate, March 10, 2015 
Resolve, Authorizing the Director of the Bureau of Parks and Lands 
To Convey the Parcel of Land in Kittery Known as John Paul Jones 
Memorial Park to the Town of Kittery 
Reference to the Committee on State and Local Government suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator HILL of York. 
Cosponsored by Representative RYKERSON of Kittery and 
Representative: BEAVERS of South Berwick. 
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; and 
Whereas, the Director of the Bureau of Parks and Lands within the Department of 
Agriculture, Conservation and Forestry may sell or exchange lands with the approval of 
the Legislature in accordance with the Maine Revised Statutes, Title 12, section 1814 and 
section 1851, subsections 1 and 2; now, therefore, be it 
Sec. 1.  Director of the Bureau of Parks and Lands is authorized, but not 
directed, to convey certain land known as John Paul Jones Memorial Park in 
Kittery. Resolved:  That the Director of the Bureau of Parks and Lands within the 
Department of Agriculture, Conservation and Forestry may gift by quitclaim deed 
without covenant, and on such other terms and conditions as the director may direct, the 
interests of the State in the property known as John Paul Jones Memorial Park, referred to 
in this resolve as "the property," situated between Hunter Avenue and Newmarch Street 
and between Water Street and Government Street in the Town of Kittery, County of 
York, with the buildings and improvements, together with all appurtenant rights and 
easements located on that property, to the Town of Kittery; and be it further 
Sec. 2.  Restrictions. Resolved:  That the instrument transferring the interests of 
the State in the property must include the following terms and restrictions: 
1.  The property is to be used for public noncommercial governmental purposes only. 
If the property is used otherwise, title to the property must automatically revert to the 
Department of Agriculture, Conservation and Forestry, but only on those terms and 
conditions as the Director of the Bureau of Parks and Lands within the department may 
direct; 
2.  In the event the Town of Kittery proposes to transfer an interest in the property, in 
whole or in part, to a 3rd party not affiliated with the Town of Kittery, the department has 
a right of first refusal to take back the property at no cost and upon those terms and 
conditions as the director may direct; and 
3.  Notwithstanding any decision by the department not to exercise its right of first 
refusal, the department shall continue to hold the right of first refusal in perpetuity, and 
such right is a servitude on the property and runs with the land and is binding upon the 
Town of Kittery, its successors and assigns forever. 
SUMMARY 
This resolve authorizes the Director of the Bureau of Parks and Lands within the 
Department of Agriculture, Conservation and Forestry to gift the state property known as 
John Paul Jones Memorial Park to the Town of Kittery. It restricts the use of the property 
to public noncommercial governmental purposes, and the property reverts to the 
Department of Agriculture, Conservation and Forestry if used otherwise. The resolve also 
gives the department right of first refusal in perpetuity to take the property back if the 
Town of Kittery proposes to transfer the property to a 3rd party not affiliated with the 
town.