1.__Parties to agreement;__purposes of agreement.__This chapter applies to agreements between:

A.__A person, referred to in this chapter as the "lessor," who owns land in territory under jurisdiction of the Maine Land Use Regulation Commission; and

B.__A person, referred to in this chapter as the "lessee," who intends to construct, or to occupy a structure or structures on land in territory under jurisdiction of the Maine Land Use Regulation Commission for recreational or residential purposes on a seasonal or year-round basis or to operate a business consisting of a commercial sporting camp, campground or retail store.

2.__Prospective application.__This chapter applies to agreements entered into or renewed on or after the effective date of this chapter.

§6048.__Required terms of agreement

1.__Written lease; description of leased premises required.__ An agreement described in section 6047 must be made in the form of a written lease and must include a description of the boundaries of the land to be leased.

2.__Required notice of change, termination or nonrenewal;__ time allowed for removal of structures.__The following provisions govern the notice required for a change, termination or nonrenewal of a lease and the time allowed for removal of structures.

A.__A lessor must give a lessee at least 90 days' notice of a change in terms of the lease.

B.__A lessor must give a lessee at least 90 days' notice of termination or nonrenewal of the lease, unless there is cause for the termination or nonrenewal.

C.__Unless the lease is terminated or not renewed for cause, a lessee has one year or the time specified in the lease, whichever is longer, to remove structures from the leased lot.

D.__For purposes of this subsection, "cause" means violation by the lessee of a term of the lease.

3.__Right of first refusal to purchase leased lot.__If a lessor intends to sell or to offer for sale one or more lots on which a structure owned by a lessee exists, the lessee has the right to purchase the lot at fair market value or the price at which the lessor intends to offer or sell the lot, whichever is lower.__The lessor must give the lessee at least 90 days to accept the offer to purchase the lot.

4.__Lack of required terms.__A lease is deemed to include the provisions required by this chapter.

SUMMARY

This bill includes the minority recommendations of the Committee to Study Issues Concerning Changes to the Traditional Uses of Maine Forests and Lands. The minority recommendation includes the majority recommendations and an additional provision relating to commercial sporting camps.

The additional provision requires the Bureau of Parks and Lands within the Department of Conservation to take land by eminent domain if the landowner refuses to sign a lease for a term of at least 10 years with a commercial sporting camp owner. The bureau would then lease the land to the commercial sporting camp owner in order to continue the business.

The provisions common to the minority and the majority reports propose to regulate the relationship between landowners within jurisdiction of the Maine Land Use Regulation Commission and persons who have leases or other agreements with the landowners to occupy or construct residential, recreational or commercial structures on that land.

The bill requires that such agreements be made in the form of written leases. It requires the leases to provide a description of the boundaries of the leased land and to provide at least 90 days' notice of termination, nonrenewal or change in terms of the lease. It also requires the landowner to give the structure owner at least one year to remove the structure from the property if the lease is terminated or not renewed, unless it is terminated or not renewed for cause.

The bill also gives the lessees the right of first refusal to purchase the lot on which the structure sits, provided the lessor offers or intends to offer the lot for sale.