Resolve, Authorizing the Director of the Bureau of Parks and Lands to Convey Peacock Beach State Park to the Town of Richmond
Maine Legislature, Session 131, LD 2061
Committee: Agriculture, Conservation and Forestry
Sponsors: CLUCHEY

Legislative Document
No. 2061
H.P. 1323
House of Representatives, December 13, 2023
Resolve, Authorizing the Director of the Bureau of Parks and Lands 
to Convey Peacock Beach State Park to the Town of Richmond
Submitted by the Department of Agriculture, Conservation and Forestry pursuant to Joint 
Rule 203.
Received by the Clerk of the House on December 11, 2023.  Referred to the Committee on 
Agriculture, Conservation and Forestry pursuant to Joint Rule 308.2 and ordered printed 
pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative CLUCHEY of Bowdoinham.
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; now, 
therefore, be it
Sec. 1. Director of Bureau of Parks and Lands authorized to convey certain 
land known as Peacock Beach State Park.  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, all the State's interest in a parcel of land 
approximately 32 acres in size in Richmond known as Peacock Beach State Park, together 
with the buildings and improvements, and all the appurtenant rights and easements located 
on that property, which is currently the subject of a 25-year lease between the Bureau of 
Parks and Lands and the Town of Richmond, to the Town of Richmond.
Sec. 2. Restrictions.  Resolved:  That the instrument transferring the interests of 
the State in the property referenced in section 1 must include the following terms and 
restrictions:
1. The property must continue to be used and managed for noncommercial public 
recreational use as a public park, subject to the terms of the federal Land and Water 
Conservation Fund. If the property is used otherwise, title to the property automatically 
reverts 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 may direct;
2. If the Town of Richmond proposes to transfer an interest in the property, in whole 
or in part, to a 3rd party not affiliated with the Town of Richmond, the Department of 
Agriculture, Conservation and Forestry has a right of first refusal to take back the property 
at no cost and upon those terms and conditions as the Director of the Bureau of Parks and 
Lands may direct; and
3. Notwithstanding any decision by the Department of Agriculture, Conservation and 
Forestry not to exercise its right of first refusal, the department continues to hold the right 
of first refusal in perpetuity, and this right is a servitude on the property and runs with the 
land and is binding upon the Town of Richmond and 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 convey to the Town of Richmond 
all the State's interest in a parcel of land approximately 32 acres in size in Richmond known 
as Peacock Beach State Park.  This parcel is currently the subject of a 25-year lease between 
the Bureau of Parks and Lands and the Town of Richmond.  Future use of the property 
must be for noncommercial public recreational use. The department retains a right of first 
refusal regarding future property conveyances.