APPROVED CHAPTER
JUNE 9, 2025 55
BY GOVERNOR RESOLVES
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
H.P. 1151 - L.D. 1724
Resolve, Authorizing the Baxter State Park Authority to Convey Certain
Land in Cumberland County
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.
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 State of Maine, through the former Maine Forest Authority, acquired
fee title to an approximately 228-acre parcel of land known as the Austin Cary Lot in the
Town of Harpswell in Cumberland County through 2 conveyances; and
Whereas, the first conveyance occurred in 1973 and gifted to the State by deed
recorded in the Cumberland County Registry of Deeds, Book 3496, Page 215 a 5/6 common
and undivided interest subject to deed restrictions; and
Whereas, the 2nd conveyance occurred in 1974 and transferred to the State by deed
recorded in the Cumberland County Registry of Deeds, Book 3524, Page 171 the remaining
1/6 common and undivided interest subject to deed restrictions; and
Whereas, the deed restrictions on the property require that the Austin Cary Lot be
used for a demonstration forest, wildlife management area or other educational and
scientific uses for 99 years from the dates of the conveyances in 1973 and 1974; and
Whereas, the Maine Forest Authority paid for the 1/6 common and undivided interest
in 1974 using funds from the inter vivos trust of Percival Proctor Baxter, which were
designated for acquisition of additional lands for Baxter State Park and additional lands,
not for inclusion in Baxter State Park for recreational and reforestation or scientific forestry
purposes, or as wildlife sanctuaries; and
Whereas, in 1984 the Maine Forest Authority was abolished, and ownership and
management responsibilities of the Austin Cary Lot were legislatively transferred first to
the Bureau of Public Lands and then later in 1984 to the Baxter State Park Authority, which
retains ownership and management responsibilities to the present day; and
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 Whereas, the Austin Cary Lot is located more than 220 miles driving distance from
the Scientific Forest Management Area in Baxter State Park in Piscataquis County, and 180
miles driving distance from Baxter State Park's headquarters and only physical office in
Millinocket, and Baxter State Park has no staff presence in or near Cumberland County;
and
Whereas, the geographic distance of the Austin Cary Lot from Baxter State Park's
headquarters and the Scientific Forest Management Area has for many years presented a
challenge for Baxter State Park staff to manage the Austin Cary Lot; and
Whereas, the Baxter State Park Authority manages the Austin Cary Lot primarily for
the purpose of demonstrating sustainable forestry with the assistance of a contracted
licensed forester and in the past has relied on other state agencies to perform land
management activities at the Austin Cary Lot to demonstrate sustainable forestry; and
Whereas, it will benefit the people of Maine to convey the Austin Cary Lot to an
entity that has the presence to uphold the same management responsibilities that the Baxter
State Park Authority is committed by deed to uphold. If the interest in the parcel is sold for
cash, it will benefit the people of Maine to purchase alternative lands within Cumberland
County that can be managed for the same purposes as dictated by the parcel's deed as a
demonstration forest, wildlife management area or for other educational and scientific uses;
and
Whereas, the Baxter State Park Authority requests legislative approval to convey the
Austin Cary Lot; now, therefore, be it
Sec. 1. Baxter State Park Authority authorized to convey State's interest
in Austin Cary Lot in Town of Harpswell in Cumberland County. Resolved:
That the Baxter State Park Authority may, upon a majority vote and contingent upon
receiving any necessary court approval, authorize the Baxter State Park Director to convey
by quitclaim deed without covenants, a parcel of land totaling approximately 228 acres in
the Town of Harpswell in Cumberland County, which is known as the Austin Cary Lot or
Austin Cary Forest, together with all appurtenant rights and easements located on that
property.
Sec. 2. Restrictions. Resolved: That the property described in section 1 must be
conveyed to a person or entity capable of managing the property subject to the following
perpetual deed restrictions for the benefit of the people of this State. The property must be
used for the primary purposes of sustainable forestry or wildlife management. The property
may be used for other scientific and educational uses that are related to these primary
purposes and must allow for public recreational use that is compatible with these primary
purposes.
Sec. 3. Consideration. Resolved: That consideration for the sale of the Austin
Cary Lot described in section 1 may be for appraised fair market value of the land as
determined by an independent assessment of the timber and other values or for an amount
that the Baxter State Park Authority, in its sole discretion, determines to be in the public
interest. All money received from the sale of the Austin Cary Lot must be deposited in the
Public Reserved Lands Acquisition Fund established in the Maine Revised Statutes, Title
12, section 1850, subsection 2, and must be used by the Department of Agriculture,
Conservation and Forestry, Bureau of Parks and Lands exclusively for the purchase of
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additional real estate in Cumberland County for the primary purposes of sustainable
forestry or wildlife management and may be used for other scientific and educational uses
that are related to, and must allow for public recreational use that is compatible with, these
primary purposes.
Sec. 4. Notification. Resolved: That the Baxter State Park Director shall notify
owners of property on Long Reach Lane in the Town of Harpswell abutting the parcel
described in section 1 and the joint standing committee of the Legislature having
jurisdiction over parks and lands matters at least 14 days in advance of any public meeting
at which the Baxter State Park Authority will consider a proposed conveyance of the Austin
Cary Lot described in section 1.
Sec. 5. Opportunity for review by legislative committee. Resolved: That a
member of the joint standing committee of the Legislature having jurisdiction over parks
and lands matters who receives notification under section 4 may notify the Baxter State
Park Director of concerns and may in writing request review of the proposed conveyance
by the joint standing committee of the Legislature having jurisdiction over parks and lands
matters. A member who requests review under this section shall notify the chairs of the
joint standing committee of the request.
When a request for legislative review is received under this section, the director may
not finalize the conveyance until the joint standing committee of the Legislature having
jurisdiction over parks and lands matters has held a public meeting to review the proposed
conveyance.
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