LD 1220
pg. 1
LD 1220 Title Page An Act to Require Notice of Use Changes for State Property LD 1220 Title Page
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LR 2234
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 5 MRSA §56 is enacted to read:

 
§56.__Change of use; state property

 
1.__Definitions.__As used in this section, unless the context
otherwise indicates, the following terms have the following
meanings.

 
A.__"State agency" has the same meaning as "agency" under
section 43, first paragraph.

 
B.__"State property" means: real property, including
structures on the property owned by the State; rights-of-way
claimed or owned by the State; and real property, including
structures on the property, leased for 5 or more years by
the State.__"State property" does not include property
covered under the Constitution of Maine, Article IX, Section
23.

 
2.__Duty to provide notice.__A state agency that proposes to
change all or part of its use of state property shall publish a
notice detailing the proposed change in a newspaper of general
circulation in the area where the state property is located.__The
notice must be published at least 30 days before the change may
be deemed authorized.

 
3.__Petition; change prohibited; legislation required.__If,
within the 30-day period required under subsection 2, 25 or more
state residents petition the state agency to challenge the
proposed change in use, the state agency may not change the use
of the state property unless the Legislature approves the change
by law.

 
SUMMARY

 
This bill requires an agency of the State to publish a notice
when it proposes to change all or part of its use of any real
property owned by the State or subject to a long-term lease or
right-of-way claim by the State. If 25 or more residents
petition the agency during the 30-day notice period, the proposed
change is prohibited unless the Legislature approves the change
by law.


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