Resolve, Authorizing the Department of Administrative and Financial Services to Convey the Interests of the State in Certain Real Property Located in Machiasport
Maine Legislature, Session 131, LD 0501
Committee: Agriculture, Conservation and Forestry
Sponsors: STOVER

Legislative Document
No. 501
H.P. 316
House of Representatives, February 7, 2023
Resolve, Authorizing the Department of Administrative and 
Financial Services to Convey the Interests of the State in Certain 
Real Property Located in Machiasport
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 204.
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative STOVER of Boothbay.
Sec. 1.  Authority to convey state property. Resolved: That, notwithstanding 
any provision of law to the contrary, the State, by and through the Commissioner of 
Administrative and Financial Services, referred to in this resolve as "the commissioner," 
may: 
1. Enter into a lease or leases or convey by sale the interests of the State in the state 
property described in section 2 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;
2. Negotiate, draft, execute and deliver any documents necessary to settle any boundary 
line discrepancies regarding the state property described in section 2;
3. Exercise, pursuant to the Maine Revised Statutes, Title 23, chapter 3, subchapter 3, 
the power of eminent domain to quiet for all time any possible challenges to ownership of 
the state property described in section 2;
4. Negotiate, draft, execute and deliver any easements or other rights that, in the 
commissioner's discretion, may contribute to the value of a proposed sale or lease of the 
State's interests in the state property described in section 2; and
5. Release any interests in the state property described in section 2 that, in the 
commissioner's discretion, do not contribute to the value of the remaining state property 
described in section 2.
Sec. 2.  Property interests that may be conveyed. Resolved: That the state 
property authorized to be sold or leased is a parcel of land with improvements thereon, 
located in the Town of Machiasport consisting of approximately 9.58 acres of land, more 
or less, as conveyed to the State of Maine, Department of Corrections, on February 20, 
1985, and recorded in the Washington County Registry of Deeds as "Parcel 6 Family 
Housing Area" in Book 1314, Page 276, as identified on a survey dated September 21, 2022 
by Haley Ward, excepting and reserving to the State ownership of the well, water lines, 
electric power infrastructure and any other installations serving the well and operation of 
the well, as shown on the Haley Ward survey.  The well is located approximately 88 feet 
southerly of the northerly line of the property and 202 feet easterly of the westerly line. The 
State reserves an exclusive permanent easement that runs with the land and is binding on 
the purchaser and the purchaser's heirs, successors and assigns for access to the well, water 
lines, electric power infrastructure and any other installations serving the well, together 
with the right to maintain, repair or replace the well, water lines, electric power 
infrastructure and other installations serving the well and for access to a 30-foot buffer area 
surrounding the well together with the right to place a fence along the buffer line.
Sec. 3.  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 described in section 2 
must be sold "as is," with no representations or warranties. Title must be transferred by 
quitclaim deed without covenant or release deed and executed by the commissioner.
Sec. 4.  Appraisal. Resolved: That the commissioner shall have the current market 
value of the state property described in section 2 determined by a broker opinion of value 
and current comparative market analysis. The commissioner may list the state property for 
sale, lease or auction with a private real estate broker or auction company and negotiate 
any sale or lease, solicit bids, sell directly to a purchaser or enter directly into leases with 
tenants. The commissioner may reject any offer.
Sec. 5. Proceeds. Resolved: That any proceeds from the sale or lease of the state 
property described in section 2 must be used to reimburse the Department of Administrative 
and Financial Services administrative expenses and be deposited into the Bureau of General 
Services capital repair and improvement account for capital improvements, and the 
remaining proceeds must be deposited into the Department of Corrections capital account.
Sec. 6.  Repeal. Resolved: That this resolve is repealed 5 years from its effective 
date.
SUMMARY
This resolve authorizes the Department of Administrative and Financial Services to 
convey the interests of the State in a portion of the larger Downeast Correctional Facility 
parcel located in Machiasport.