APPROVED CHAPTER
JUNE 11, 2025 264
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
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H.P. 775 - L.D. 1170
An Act to Make the Maine Redevelopment Land Bank Authority
Responsible for the Transfer and Development of State-owned Surplus Land
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §1742, sub-§23, as amended by PL 2017, c. 234, §1, is further
amended to read:
23. Inventory of land. To periodically annually inventory all land owned by any state
agency or semiautonomous state agency, and, together with other state agencies and
semiautonomous state agencies, determine land that is needed by state agencies or
semiautonomous state agencies for other uses and land that is surplus. Prior to offering any
land for sale, the commissioner shall review with the Maine State Housing Authority Maine
Redevelopment Land Bank Authority and other state agencies and semiautonomous state
agencies the information derived from the inventory. For the purposes of this subsection,
"semiautonomous state agency" has the same meaning as in section 1972, subsection 9.
A. By February 1, 1988, the commissioner shall provide an initial report on the status
of the land inventory to the joint standing committees of the Legislature having
jurisdiction over economic development; state and local government; and
appropriations and financial affairs.
A-1. The department shall annually send the inventory to the Maine Redevelopment
Land Bank Authority and to the joint standing committee of the Legislature having
jurisdiction over economic development matters.
B. Notwithstanding any other provision of law to the contrary, the procedure for the
distribution of surplus state property for the purpose of this subsection shall take takes
priority over any other procedure for the disbursement of surplus state land.
C. Nothing in this This subsection shall may not be construed to pertain to public
reserved lands which that are exempt from this subsection.
D. The department shall work closely with the Maine State Housing Authority Maine
Redevelopment Land Bank Authority to develop a procedure by which surplus state-
owned land and structures are held in trust for the purpose set forth in this section and
Title 30‑A, chapter 201, subchapter 3‑A;
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 Sec. 2. 30-A MRSA §4754, sub-§3, as amended by PL 2017, c. 234, §24, is further
amended to read:
3. State-owned property. The Maine State Housing Authority Maine Redevelopment
Land Bank Authority may use surplus state-owned property pursuant to this subchapter and
Title 5, section 1742, subsection 23 to achieve the purpose of this article subchapter.
Sec. 3. 30-A MRSA §4754-A, as enacted by PL 1989, c. 914, §5, is amended to
read:
§4754-A. First option to purchase surplus lands
All state agencies shall offer the Maine State Housing Authority Maine Redevelopment
Land Bank Authority the opportunity to purchase or otherwise acquire any land and
improvements on the land or any structures determined to be surplus before the property
may be offered for sale or transfer to any other state agency, community or other buyer or
transferee. Notice of availability must be provided in writing to the Director executive
director of the Maine State Housing Authority Maine Redevelopment Land Bank
Authority.
1. Notification of interest. The Maine State Housing Authority Maine
Redevelopment Land Bank Authority shall advise the owner agency in writing of its
interest in purchasing or otherwise acquiring the surplus land and any improvements on the
land or surplus structures or of its decision not to purchase or otherwise acquire any such
surplus property within 30 days of receipt of the notification by the Director executive
director of the Maine State Housing Authority Maine Redevelopment Land Bank
Authority.
2. Purchase price. If the Maine State Housing Authority Maine Redevelopment Land
Bank Authority offers to purchase the property, the purchase price must be determined as
follows.
A. The current market value must be determined by an independent appraiser or by
agreement between the Maine State Housing Authority Maine Redevelopment Land
Bank Authority and the owner agency. The Maine State Housing Authority Maine
Redevelopment Land Bank Authority and the owner agency then shall negotiate the
ultimate purchase price in good faith in order to achieve the respective goals and
mandates of the Maine State Housing Authority Maine Redevelopment Land Bank
Authority and the owner agency.
B. The purchase price may not exceed the current market value of the property as
determined in paragraph A.
C. If title to the land or improvements carries a requirement that the property be sold
at fair market value, then this requirement prevails over the terms of this subsection.
3. Report. The Maine State Housing Authority shall report to the joint standing
committee of the Legislature having jurisdiction over housing and economic development
matters 90 days after the 2nd anniversary of the effective date of this section on state surplus
land purchased under this section together with any recommendations for improvements.
If any land determined to be surplus is located in a community served by a local public
municipal housing authority under section 4721, as defined in this Title, the Maine State
Housing Authority Maine Redevelopment Land Bank Authority shall offer the first option
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to purchase the parcel to the local public municipal housing authority. The local public
municipal housing authority has 45 days to indicate in writing its desire to acquire the
parcel. Other offers to purchase the parcel may not be considered until the 45-day period
has passed.
Sec. 4. 30-A MRSA §4755, as amended by PL 2017, c. 234, §25, is further amended
to read:
§4755. Provide property
The Maine State Housing Authority Maine Redevelopment Land Bank Authority may
provide surplus state property below market value pursuant to this subchapter and Title 5,
section 1742, subsection 23 to any person, firm or organization that agrees to construct,
reconstruct or rehabilitate affordable housing for low-income and moderate-income
households and maintain this property for this purpose in a written contract with the Maine
State Housing Authority Maine Redevelopment Land Bank Authority.
Sec. 5. 30-A MRSA §4756, as enacted by PL 1989, c. 48, §§3 and 31, is amended
to read:
§4756. Rules
The Maine State Housing Authority shall adopt routine technical rules in accordance
with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter 2-A to
implement this subchapter sections 4751, 4752 and 4753, including eligibility standards
for financing under this subchapter sections 4751, 4752 and 4753. The Maine
Redevelopment Land Bank Authority shall adopt routine technical rules in accordance with
Title 5, chapter 375, subchapter 2-A, to implement sections 4754, 4754-A and 4755,
including eligibility standards for financing under sections 4754, 4754-A and 4755.
Sec. 6. 30-A MRSA §5157, sub-§1, ¶D, as enacted by PL 2021, c. 664, §3, is
amended to read:
D. Property that is environmentally hazardous; and
Sec. 7. 30-A MRSA §5157, sub-§1, ¶E, as enacted by PL 2021, c. 664, §3, is
repealed and the following enacted in its place:
E. Property that a state, federal, municipal or other governmental entity has determined
is surplus or that it does not have the capacity to redevelop; and
Sec. 8. 30-A MRSA §5157, sub-§1, ¶F is enacted to read:
F. Property determined to be surplus land under Title 5, section 1742, subsection 23
and chapter 201, subchapter 3-A.
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Statutes affected:
Bill Text ACTPUB , Chapter 264: 5.1742, 30-A.4754, 30-A.4755, 30-A.4756, 30-A.5157