APPROVED CHAPTER
APRIL 22, 2024 172
BY GOVERNOR RESOLVES
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
H.P. 1323 - L.D. 2061
Resolve, Authorizing the Director of the Bureau of Parks and Lands to
Convey Peacock Beach State Park to the Town of Richmond
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; and
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; and
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, Peacock Beach State Park is a waterfront park, including a small sand beach
on Pleasant Pond, located in the Town of Richmond;
Whereas, the Town of Richmond would like to make improvements to the park prior
to the summer months when the park is commonly visited by local community members;
and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; 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
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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.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
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