An Act To Allow the Efficient and Responsible Acquisition and Sale of Property by the Department of Administrative and Financial Services
Maine Legislature, Session 128, LD 1794
Committee: State and Local Government
Sponsors: DAVIS

Legislative Document
No. 1794
S.P. 672
In Senate, January 22, 2018
An Act To Allow the Efficient and Responsible Acquisition and Sale 
of Property by the Department of Administrative and Financial 
Services
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 203.
Reference to the Committee on State and Local Government suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator DAVIS of Piscataquis.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA c. 153, sub-c. 3 is enacted to read:
SUBCHAPTER 3
STATE PROPERTY ACQUISITION AND SALE AUTHORITY
§1777.  State property acquisition and sale authority
1.  Acquisition of property.  The Department of Administrative and Financial 
Services, Bureau of General Services, on behalf of the State, may acquire such property 
as it determines necessary to:
A.  Lay out and establish, construct, improve or maintain, or provide a change of 
location or alignment to, the egress and ingress of existing state facilities;
B.  Provide land for buildings, garages, parking areas or roadside and landscape 
development for the preservation of planned development areas;
C.  Provide for the health, safety and welfare of the public using a state facility;
D.  
Secure materials, with necessary ways and access, for the construction, 
improvement and maintenance of state facilities;
E.  Relocate, remove or dispose of state landfill facilities;
F.  Erect administrative and storage buildings; or
G.  Construct, improve and maintain public infrastructure projects as directed by law 
and provide mitigation for existing or potential environmental effects of public 
infrastructure projects.
2.  Sale and disposal of property.  The Department of Administrative and Financial 
Services, Bureau of General Services, on behalf of the State, may sell, demolish or 
dispose of state properties as it determines necessary to:
A.  Maximize the financial return to the State;
B.  Ensure the efficient disposition of property when the property is no longer 
considered essential for agency objectives; or
C.  Manage the long-term planning needs of the State.
The bureau may sell, demolish or dispose of property only in a manner that is transparent, 
competitive, orderly, timely and cost-effective.
3.  Opinion of value.  When property is to be purchased or sold by the State pursuant 
to this section, the Department of Administrative and Financial Services, Bureau of 
General Services shall obtain a current opinion of value by a real estate appraiser 
pursuant to Title 32, chapter 124 or a broker or associate broker pursuant to Title 32, 
section 14004.  The purchase price or sale price of the property must reflect the market 
conditions and opinion of value at the time of sale or purchase.
SUMMARY
This bill authorizes the Department of Administrative and Financial Services, Bureau 
of General Services to acquire real estate determined necessary to meet the needs of the 
State.  It authorizes the sale or disposition of real property determined necessary to 
maximize financial return and to manage the long-term planning needs of the State.  It 
requires that a current opinion of value by a real estate appraiser be obtained and that the 
purchase or sale price reflect the opinion and current market conditions when the State 
enters into a real estate transaction.