An Act Authorizing the Deorganization of Oxbow Plantation
Maine Legislature, Session 127, LD 1635
Committee: State and Local Government
Sponsors: MARTIN

Legislative Document 
No. 1635 
H.P. 1112 
House of Representatives, March 3, 2016 
An Act Authorizing the Deorganization of Oxbow Plantation 
(AFTER DEADLINE) 
Submitted by the Office of the State Auditor and approved for introduction by a majority of 
the Legislative Council pursuant to Joint Rule 205. 
Reference to the Committee on State and Local Government suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative MARTIN of Eagle Lake. 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-1.  Deorganization of Oxbow Plantation.  Notwithstanding any 
contrary requirement of the Maine Revised Statutes, Title 30-A, chapter 302, if in 
accordance with Title 30-A, section 7207 a majority of the voters in Oxbow Plantation 
approve the deorganization procedure developed in accordance with Title 30-A, section 
7205 and if the question of Oxbow Plantation's deorganization is approved by the 
registered voters of Oxbow Plantation pursuant to section 8 of this Part and if Oxbow 
Plantation has executed a withdrawal agreement with School Administrative District No. 
or Regional School Unit No. 32, Oxbow Plantation in Aroostook County is 
deorganized, except that the corporate existence, powers, duties and liabilities of the 
plantation survive for the purposes of prosecuting and defending all pending suits to 
which the plantation is, or may be, a party and all needful process arising out of any suits, 
including provisions for the payment of all or any judgments or debts that may be 
rendered against the plantation or exist in favor of any creditor. 
Sec. A-2.  Financial obligations and other liabilities.  Any financial 
obligations or other liabilities that were incurred by Oxbow Plantation as a municipality 
or that were incurred by Oxbow Plantation as a member of School Administrative District 
No. 32 or Regional School Unit No. 32 are hereby excepted and reserved in accordance 
with the Maine Revised Statutes, Title 30-A, section 7303 and remain liabilities for the 
inhabitants of lawful age residing in the territory included in the deorganized Oxbow 
Township for the duration of the liabilities.  The State Tax Assessor shall assess taxes 
against the property owners in the deorganized Oxbow Township to provide funds to 
satisfy any municipal or educational obligations or other liabilities.  These financial 
obligations or other liabilities are not the responsibility of either the Department of 
Education or the taxpayers in the Unorganized Territory Tax District as described in Title 
36, chapter 115. 
Sec. A-3.  Deorganization procedure.  The deorganization of Oxbow Plantation 
must be conducted in accordance with the approved deorganization procedure developed 
in accordance with the Maine Revised Statutes, Title 30-A, section 7205. 
Sec. A-4.  Unexpended school funds.  The treasurer of Oxbow Plantation or any 
other person who has custody of the funds of the plantation shall pay the Treasurer of 
State all unexpended school funds that, together with the credits due the plantation for 
school purposes, are to be used by the State Tax Assessor to settle any school obligations 
incurred by the plantation before deorganization.  The State Tax Assessor shall approve 
any written requests or invoices for payments and submit the approved documents to the 
fiscal administrator of the unorganized territory within the Office of the State Auditor to 
process through the Office of the State Controller.  Any unexpended school funds 
remaining with the Treasurer of State after all the obligations have been met must be 
deposited to the Unorganized Territory Education and Services Fund, as established in 
the Maine Revised Statutes, Title 36, chapter 115. 
Sec. A-5.  Unexpended municipal funds and property.  The treasurer of 
Oxbow Plantation or any other person who has custody of the funds of the plantation 
shall pay the Treasurer of State all unexpended funds of the plantation that, together with 
the credits due the plantation for its purposes, are to be used by the State Tax Assessor to 
settle any obligations of the plantation incurred by the plantation before deorganization.  
The State Tax Assessor shall approve any written requests or invoices for payments and 
shall submit the approved documents to the fiscal administrator of the unorganized 
territory within the Office of the State Auditor to process through the Office of the State 
Controller.  Pursuant to the Maine Revised Statutes, Title 30-A, section 7304, at the end 
of the 5-year period during which the powers, duties and obligations relating to the affairs 
of the plantation are vested in the State Tax Assessor or when in the judgment of the State 
Tax Assessor final payment of all known obligations against the plantation has been 
made, any funds that have not been expended must be deposited with the county 
commissioners of Aroostook County as undedicated revenue for the unorganized territory 
fund of Aroostook County. 
Any property of the plantation that has not been sold must be held by the State in 
trust for the unorganized territory or transferred to Aroostook County to be held in trust 
for the unorganized territory.  Income from the use or sale of that property held by the 
State must be credited to or deposited in the Unorganized Territory Education and 
Services Fund under Title 36, chapter 115.  Income from the use or sale of that property 
held by Aroostook County must be credited to the unorganized territory fund of the 
county pursuant to Title 36, section 1604, subsection 4. 
Sec. A-6.  Provision of education services.  Notwithstanding any other law, 
education in the unorganized territory of Oxbow Township must be provided under the 
direction of the Commissioner of Education as described in the Maine Revised Statutes, 
Title 20-A, chapter 119 and must meet the general standards for elementary and 
secondary schooling and special education established pursuant to Title 20-A.  The 
provisions of subsections 1 to 3 must be implemented at the time of deorganization. 
1.  Students in prekindergarten and kindergarten to grade 12 whose parents or legal 
guardians are legal residents of the unorganized territory of Oxbow Township must be 
provided educational services at a school located within School Administrative District 
No. 32 in Ashland.  Transportation services to and from this school must be provided 
under the direction of the Department of Education. 
2.  Special education services must be provided to eligible resident students as 
required by federal and state laws, rules and regulations. 
3.  Career and technical education must be provided to eligible resident students 
pursuant to Title 20-A, section 3253-A. 
Tuition to schools other than those that are identified in subsection 1 may be provided 
on behalf of resident students with the prior approval of the director of state schools 
within the Department of Education.  Tuition may not exceed limits set out in the Maine 
Revised Statutes, Title 20-A, section 3304, and transportation is the responsibility of the 
parents or legal guardians.  The receiving school must be approved by the Commissioner 
of Education for the purpose of tuition. 
The provision of educational services is subject to future modification in response to 
changes in educational conditions. 
Sec. A-7.  Assessment of taxes.  The State Tax Assessor shall assess the real and 
personal property taxes in Oxbow Plantation as of April 1, 2017 as provided in the Maine 
Revised Statutes, Title 36, section 1602. 
Sec. A-8.  Referendum; certificate to Secretary of State.  This Part takes 
effect 90 days after its approval only for the purpose of permitting its submission by the 
municipal officers of Oxbow Plantation to the legal voters of the plantation by ballot at 
the next general election to be held in November.  This election must be called, 
advertised and conducted according to the Maine Revised Statutes, Title 30-A, sections 
2528 and 2532.  The plantation clerk shall prepare the required ballots on which the clerk 
shall reduce the subject matter of this Part to the following question: 
"Shall Oxbow Plantation be deorganized?" 
The voters shall indicate their opinion on this question by a cross or check mark 
placed against the word "Yes" or "No."  Before becoming effective, this Part must be 
approved by at least 2/3 of the legal voters casting ballots at the general election, and the 
total number of votes cast for and against the acceptance of this Part at the election must 
equal or exceed 50% of the total number of votes cast in the plantation for Governor at 
the last gubernatorial election. 
The municipal officers of Oxbow Plantation shall declare the result of the vote.  The 
plantation clerk shall file a certificate of the election result with the Secretary of State 
within 10 days after the date of the election. 
Sec. A-9.  Effective date.  Sections 1 to 7 of this Part take effect July 1, 2017 if the 
legal voters of Oxbow Plantation approve the referendum under section 8 of this Part. 
PART B 
Sec. B-1.  Register and transmit copy of approved deorganization 
procedure.  Before the effective date of the deorganization of Oxbow Plantation 
pursuant to Part A, the fiscal administrator of the unorganized territory within the Office 
of the State Auditor shall transmit a copy of the approved deorganization procedure 
developed in accordance with the Maine Revised Statutes, Title 30-A, section 7205 to the 
Aroostook County Administrator and register the approved deorganization procedure 
with the Aroostook County Registry of Deeds. 
Sec. B-2.  Effective date.  This Part takes effect upon approval of the referendum 
under Part A, section 8. 
SUMMARY 
This bill provides for the deorganization of Oxbow Plantation in Aroostook County, 
subject to approval at local referendum and execution of a withdrawal agreement from 
School Administrative District No. 32, also known as Regional School Unit No. 32.