Bill Summary – FastDemocracy

APPROVED                 CHAPTER
                                                                APRIL 12, 2024                166
                                                               BY GOVERNOR               RESOLVES
                                     STATE OF MAINE
                                            _____
                           IN THE YEAR OF OUR LORD
                       TWO THOUSAND TWENTY-FOUR
                                            _____
                                 H.P. 1464 - L.D. 2277
  Resolve, Authorizing the Commissioner of Administrative and Financial
 Services to Convey by Sale the Interests of the State in 3 Properties Located
                      in Biddeford, Sanford and York
   Sec. 1. Authority to convey state property. Resolved: That, notwithstanding
any provision of law to the contrary, the State, by and through the Commissioner of
Administrative and Financial Services, referred to in this resolve as "the commissioner,"
may:
    1. Convey by sale all or a portion of the State's interests in the 3 parcels of state
property described in section 2, together with the buildings and improvements, all
appurtenant rights and easements and all personal property located on each of the parcels,
including vehicles, machinery, equipment and supplies;
   2. Negotiate, draft, execute and deliver any documents necessary to settle any
boundary line discrepancies regarding the state property described in section 2;
    3. Exercise, pursuant to the Maine Revised Statutes, Title 23, chapter 3, subchapter 3,
the power of eminent domain to quiet for all time any possible challenges to ownership of
the state property described in section 2;
    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 of the State's
interests in any of the state property described in section 2; and
    5. Release any interests in the state property described in section 2 that, in the
commissioner's discretion, do not contribute to the value of any remaining state property
described in section 2.
    The 3 parcels comprising the state property described in section 2 may be conveyed by
sale individually or collectively, in the commissioner's discretion.
    Sec. 2. Property interests that may be conveyed. Resolved: That the state
property authorized to be sold is:
    1. A parcel or parcels of land, located between Washington and Adams Streets in the
City of Biddeford, conveyed by the Maine Governmental Facilities Authority to the State,
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acting by and through the judicial branch, by quitclaim deed recorded in the York County
Registry of Deeds, Book 18544, Page 272;
    2. A parcel or parcels of land, located in Springvale Village in the City of Sanford,
conveyed by the Maine Governmental Facilities Authority to the State, acting by and
through the judicial branch, by quitclaim deed recorded in the York County Registry of
Deeds, Book 19242, Page 906; and
    3. A parcel or parcels of land, located in the Town of York, conveyed by the Maine
Governmental Facilities Authority to the State, acting by and through the judicial branch,
by quitclaim deed recorded in the York County Registry of Deeds, Book 18544, Page 275.
     Sec. 3. Property to be sold "as is". Resolved: That the commissioner may
negotiate and execute purchase and sale agreements upon terms the commissioner
considers appropriate; however, the state property described in section 2 must be sold "as
is," with no representations or warranties. Title must be transferred by quitclaim deed
without covenant or release deed and executed by the commissioner.
   Sec. 4. Maine State Housing Authority or local public housing authority.
Resolved: That disposition of the state property described in section 2 must follow the
provisions of the Maine Revised Statutes, Title 30-A, section 4754-A. If neither the Maine
State Housing Authority nor a local public housing authority exercises the option to
purchase one or more of the parcels comprising the state property for residential housing,
it must be sold pursuant to section 5.
      Sec. 5. Opinion of value. Resolved: That, if the state property described in section
2 is not conveyed to the Maine State Housing Authority or one or more local public housing
authorities for residential housing pursuant to section 4, the commissioner shall have the
current market value of the state property described in section 2 determined by a broker
opinion of value and current comparative market analysis. The commissioner may sell the
state property described in section 2 directly to a purchaser through a competitive process,
list the state property for sale with a private real estate broker or engage an auction company
to solicit bids. After evaluating bids or offers, the commissioner may either negotiate the
terms of sale, executing deeds and other closing documentation or reject any or all bids or
offers.
    Sec. 6. Proceeds. Resolved: That any proceeds from the sale of the state property
described in section 2 must be deposited into the Department of Administrative and
Financial Services, Bureau of General Services capital repair and improvement account for
capital improvements.
    Sec. 7. Deed covenants. Resolved: That, if the state property described in section
2 or any portion is transferred to the Maine State Housing Authority or a local public
housing authority for residential housing pursuant to section 4, the Maine State Housing
Authority or a local public housing authority shall ensure that it is used for that purpose for
a minimum of 10 years.
    Sec. 8. Repeal. Resolved: That this resolve is repealed 5 years from its effective
date.
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