CHAPTER 61
S.P. 615 - L.D. 1795
Resolve, Authorizing the Commissioner of Administrative and Financial Services to Convey by Sale or Lease to the Warren Sanitary District the State's Interests in Certain Real Property in the Town of Warren in Connection with the Construction of the Maine State Prison at Warren
Sec. 1. Definitions. Resolved: That as used in this resolve, unless the context otherwise indicates, the following terms have the following meanings.
1. "Commissioner" means the Commissioner of Administrative and Financial Services.
2. "State property" means the real and personal property described in this resolve; and be it further
Sec. 2. Authority to convey property. Resolved: That the State, by and through the commissioner, may:
1. Lease or sell the interests of the State in the state property pursuant to section 3 of this resolve;
2. Negotiate, draft, execute and deliver any documents necessary to settle any boundary line discrepancies;
3. Exercise the power of eminent domain to quiet for all time any possible challenges to ownership of the state property;
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 interest; and
5. Release any interests in the state property that, in the commissioner's discretion, do not contribute to the value of the remaining state property; and be it further
Sec. 3. Property interests that may be conveyed. Resolved: That the State is authorized to sell or lease a portion, not to exceed 3 acres, of existing property of the Bolduc Correctional Facility, also known as the prison farm, located on the westerly side of the St. George River in Warren, Maine.
The state property may be sold in whole or in part, at the discretion of the commissioner, subject to such permits or approvals as may be required by law; and be it further
Sec. 4. Property to be sold "as is." Resolved: That the commissioner may negotiate and execute leases and purchase and sale agreements upon those terms the commissioner considers appropriate, except that the state property must be sold "as is," without any representations or warranties. Title must be transferred by quitclaim deed without covenant and executed by the commissioner; and be it further
Sec. 5. Exemptions. Resolved: That any lease or conveyance executed pursuant to this resolve is exempt from any statutory or regulatory requirement that the property first be offered to the Maine State Housing Authority or another state or local agency; and be it further
Sec. 6. Purchase price. Resolved: That the commissioner shall obtain the current market value of the state property as determined by an independent appraiser. The commissioner may negotiate the sale prices or leases, sell directly to Warren Sanitary District or enter directly into leases with tenants. The commissioner may reject any offers. The commissioner shall establish the rent or purchase price and the terms of lease or sale; and be it further
Sec. 7. Proceeds. Resolved: That any proceeds from the sale of property must be deposited in the Capital Construction and Improvements Reserve Fund established in the Maine Revised Statutes, Title 5, section 1516-A to be used for the construction or expansion of facilities or utilities at the Maine State Prison at Warren; and be it further
Sec. 8. Repeal. Resolved: That this resolve is repealed 3 years from its effective date.
Effective September 21, 2001, unless otherwise indicated.
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