LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
664
APRIL 26, 2022 PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-TWO
_____
H.P. 1259 - L.D. 1694
An Act To Create the Maine Redevelopment Land Bank Authority
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §12004-G, sub-§7-G is enacted to read:
7-G.
Economic Maine Redevelopment Land Bank Expenses Only 30-A MRSA
Development Authority §5154
Sec. 2. 5 MRSA §12004-I, sub-§6-J is enacted to read:
6-J.
Economic Development Ready Advisory Expenses Only 30-A MRSA
Development Committee §5161
Sec. 3. 30-A MRSA c. 204 is enacted to read:
CHAPTER 204
MAINE REDEVELOPMENT LAND BANK AUTHORITY
§5151. Title
This chapter may be known and cited as "the Maine Redevelopment Land Bank Act."
§5152. Findings and declaration of necessity
The Legislature finds and declares that:
1. Blighted, abandoned, environmentally hazardous and functionally obsolete
property burdens public resources. There exist areas in the State in need of economic
revitalization where blighted, abandoned and environmentally hazardous property and
Page 1 - 130LR1528(03)
property that is both functionally obsolete and unfit to be repurposed for another use present
burdens on municipal revenues and public health and safety;
2. Need for revitalization. In order to strengthen and revitalize the economy of the
State and municipalities, it is in the best interest of the State to assemble and dispose of
blighted, abandoned and environmentally hazardous property and property that is both
functionally obsolete and unfit to be repurposed for another use in a coordinated manner to
foster development of that property and promote economic growth;
3. Coordinated development of blighted, abandoned, environmentally hazardous
and functionally obsolete property serves the public interest. The planning and
preparation for revitalizing the economy through the acquisition of blighted, abandoned
and environmentally hazardous property and property that is both functionally obsolete and
unfit to be repurposed for another use using public money are a governmental concern and
serve a valid public purpose;
4. Facilitate coordinated redevelopment of blighted, abandoned, environmentally
hazardous and functionally obsolete property. The establishment of the redevelopment
authority is necessary to facilitate the relief of the conditions described in this section by
assisting public entities, including, but not limited to, municipalities, counties, regional
planning organizations and state agencies, in the redevelopment of blighted, abandoned
and environmentally hazardous property and property that is both functionally obsolete and
unfit to be repurposed for another productive use; and
5. Municipalities, counties and unorganized territories have properties that they
cannot restore to productive use due to a variety of technical or financial issues. The
establishment of the redevelopment authority is necessary to provide technical and
financial assistance to local governments upon request for the purpose of returning to
productive use blighted, abandoned, environmentally hazardous and functionally obsolete
property, including property acquired by a municipality through the municipal foreclosure
process.
§5153. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. Abandoned. "Abandoned" with reference to a property means a property that is
vacant and to which the owner has no intent to return.
2. Blighted. "Blighted" with reference to a property means a property on which
buildings or improvements are detrimental or are a threat to the public health, safety or
welfare in their present condition.
3. Environmentally hazardous. "Environmentally hazardous" with reference to a
property means a property that is designated as an uncontrolled hazardous substance site
under Title 38, section 1365.
4. Functionally obsolete. "Functionally obsolete" with reference to a property means
a property that is unable to be used to adequately perform the functions for which it was
intended.
§5154. Maine Redevelopment Land Bank Authority established; purpose
Page 2 - 130LR1528(03)
 The Maine Redevelopment Land Bank Authority, as established in Title 5, section
12004-G, subsection 7-G and referred to in this chapter as "the redevelopment authority,"
is a body corporate and politic and a public instrumentality of the State.
The purpose of the redevelopment authority is to assist municipalities and other entities
in this State in the redevelopment of properties identified as eligible under section 5157,
subsection 1 in order to return those properties to productive use.
The purposes of this chapter are public and the redevelopment authority is performing
a governmental function in carrying out this chapter.
§5155. Appointment; qualifications and tenure
1. Members appointed by the Governor. The Governor shall appoint 9 members to
serve as commissioners of the redevelopment authority subject to review and confirmation
by the joint standing committee of the Legislature having jurisdiction over economic and
community development matters. These members must include:
A. A resident of the State who is a real estate broker licensed by the Real Estate
Commission pursuant to Title 32, section 13003;
B. A resident of the State who is responsible for community redevelopment as an
employee of a state-chartered bank;
C. A resident of the State from each of the 2 congressional districts;
D. A full-time municipal economic and community development director in the State;
E. A full-time planning professional employed by an urban or regional planning
organization in the State;
F. A person with experience in the field of preservation of historic property;
G. A person with experience in environmental remediation of commercial property;
and
H. A person with experience in the development of residential communities and
housing development.
2. Term of office. The commissioners of the redevelopment authority appointed under
subsection 1 serve 3-year terms, except that the Governor shall initially appoint 2
commissioners for a term of one year, 3 commissioners for a term of 2 years and 4
commissioners for a term of 3 years. A vacancy is filled by appointment for the remainder
of the unexpired term. Commissioners whose terms expire serve until their successors are
appointed and confirmed. Commissioners may serve no more than 2 full consecutive
terms.
3. Ex officio members. The following serve as ex officio, nonvoting members of the
redevelopment authority:
A. The Commissioner of Economic and Community Development or the
commissioner's designee;
B. The Commissioner of Environmental Protection or the commissioner's designee;
C. The Commissioner of Transportation or the commissioner's designee;
D. The Director of the Maine State Housing Authority or the director's designee; and
Page 3 - 130LR1528(03)
 E. The Director of the Maine Historic Preservation Commission or the director's
designee.
4. Organization. The redevelopment authority shall select a chair and a vice-chair
from among its voting members and adopt bylaws to govern procedures. The
redevelopment authority shall hire an executive director and may hire staff and employ
counsel as necessary.
§5156. Maine Redevelopment Land Bank Fund; sources of funding
The Maine Redevelopment Land Bank Fund, referred to in this chapter as "the fund,"
is established as a dedicated nonlapsing fund to support the purposes of the redevelopment
authority. Fees collected pursuant to Title 38, section 2203-A, subsection 2-A must be
deposited into the fund. Other sources of funding may include, but are not limited to, state
or federal funds received by the redevelopment authority to support community
redevelopment. Unless otherwise specified, money received by the redevelopment
authority for the express purpose of acquiring or developing property in accordance with
this chapter must be deposited into the fund.
§5157. Eligible properties; exemption of certain properties
1. Eligible properties. The redevelopment authority may acquire property through
an agreement under section 5158, subsection 4, which may include:
A. Property that the redevelopment authority has determined is abandoned as
demonstrated by a totality of evidence including, but not limited to, the following:
(1) Doors and windows on the property are boarded up, broken or continuously left
unlocked;
(2) Rubbish, trash or debris has accumulated on the property;
(3) Furnishings and personal property are absent from the property;
(4) The buildings or improvements on the property are deteriorating so as to
constitute a threat to public health or safety;
(5) Gas, electric or water service to the property has been terminated or utility
consumption is so low that it indicates the property is not regularly occupied;
(6) A mortgagee has changed the locks on the property and neither the mortgagor
nor anyone on the mortgagor's behalf has requested entrance to, or taken other steps
to gain entrance to, the property;
(7) Reports of trespass, vandalism or other illegal acts being committed on the
property have been made to local law enforcement authorities;
(8) A code enforcement officer or other public official has made a determination
or finding that the property is abandoned or unfit for occupancy;
(9) The mortgagor is deceased and there is no evidence that an heir or personal
representative has taken possession of the property; or
(10) Other reasonable signs of abandonment;
B. Property that the redevelopment authority has determined is blighted because of:
(1) Dilapidation, deterioration, age or obsolescence;
Page 4 - 130LR1528(03)
 (2) Inadequate provision for ventilation, light, air, sanitation or open spaces;
(3) High density of population and overcrowding;
(4) Tax or special assessment delinquency exceeding the fair value of the land;
(5) The existence of conditions that endanger life or property; or
(6) Any combination of the factors described in subparagraphs (1) to (5);
C. Property that the redevelopment authority has determined is functionally obsolete
due to a substantial loss in value resulting from factors such as overcapacity, changes
in technology, deficiencies or superadequacies in design or other similar factors that
affect the property itself or the property's relationship with other surrounding property;
D. Property that is environmentally hazardous; and
E. Property that a municipality or county has determined is not within the capacity of
the municipality or county to redevelop and for which the municipality or county has
requested the assistance of the redevelopment authority.
2. Exemption. Notwithstanding any provision of this chapter to the contrary, the
redevelopment authority may not:
A. Acquire land or other natural resources owned by a federally recognized Indian
tribe or owned by the United States for the benefit of a federally recognized Indian
tribe;
B. Acquire land the majority of which is unimproved or is not integral to the
redevelopment of the property; or
C. Acquire property that is an active or former military facility that qualifies for
inclusion in the Defense Environmental Restoration Program under 10 United States
Code, Section 2701.
§5158. Powers and duties generally
The redevelopment authority has the following powers and duties:
1. Suit. To sue and be sued;
2. Seal. To adopt an official seal;
3. Office. To maintain an office at a place designated by the redevelopment authority
within the State;
4. Agreements with public entities. To enter into agreements with public entities,
including, but not limited to, municipalities, counties, regional planning organizations, state
agencies and municipal or regionally organized land banks in order to effectuate the
purposes of this chapter. Agreements may include the acquisition of property or rights in
property from a municipality or county whose governing unit declares the need for such an
agreement;
5. Agreements with federal agencies. To enter into agreements with federal agencies
related to funding of the redevelopment of property acquired in accordance with this
chapter;
Page 5 - 130LR1528(03)
 6. Assistance. To provide assistance, by request, to entities in the State engaged in
redevelopment activities by using the best practices adopted by the Development Ready
Advisory Committee under section 5161;
7. Application for funding. To apply for grants, loans and other financial assistance
from state or federal government programs for redevelopment projects consistent with this
chapter;
8. Bonds. To issue revenue bonds as provided in section 5160;
9. Eminent domain. To acquire in a municipality, through an agreement with a
municipality or county, eligible property by the exercise of the power of eminent domain
as provided in section 5159;
10. Rules. To adopt rules for the purposes of carrying out this chapter. Rules adopted
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375,
subchapter 2-A; and
11. Other functions. To perform other functions necessary or useful for carrying out
any of its powers, duties or purposes.
§5159. Eminent domain
The redevelopment authority may acquire all or any part of real property in accordance
with this chapter by the exercise of the power of eminent domain whenever the
redevelopment authority determines that the acquisition of the real property is in the public
interest or necessary for the purposes of this chapter.
1. Resolution; documents filed; damages determined. The necessity of an
acquisition under this section is conclusively presumed upon the redevelopment authority's
adoption of a resolution declaring that the acquisition of the real property described in the
resolution is in the public interest and necessary for the purposes of this chapter.
A. Within 3 months after a resolution is adopted under this subsection, the
redevelopment authority shall file in the registry of deeds of the county in which the
real property is located:
(1) A copy of the redevelopment authority's resolution;
(2) A plat of the real property described; and
(3) A statement, signed by the chair of the redevelopment authority, that the real
property is taken under this chapter.
B. After the documents are filed under paragraph A, the redevelopment authority shall
determine the damages for the real property taken in the same manner as is provided
for land taken for highway purposes under Title 23, chapter 3 and shall file a statement
of this determination in the appropriate Superior Court.
2. Title vests in redevelopment authority; bonds deposited. Title to real property
under this section vests in the redevelopment authority in fee simple absolute and the
redevelopment authority may take possession of the real property when:
A. The copy of the resolution, plat and statement is filed in the registry of deeds;
B. The statement is filed in the Superior Court; and
Page 6 - 130LR1528(03)
 C. Bonds, to the use of persons entitled to them, are deposited in the Superior Court
with surety satisfactory to the clerk of the court in the amounts that the court determines
to be sufficient to satisfy the claims of all persons interested in the real property. The
court may, in its discretion, take evidence on the question to determine the amounts of
the bonds to be deposited.
3. Service on owners; nonresidents; unknown owners. After the copy, plat and
statement are filed under subsection 1, paragraph A, a sheriff or a sheriff's deputy shall
serve notice of the taking of the real property upon the owner of the real property by
delivering a true and attested copy of the description and statement under subsection 1 to
the owner personally or at the owner's last and usual place of abode in the State or to a
person living there.
A. If an owner is not a resident of the State, a true and attested copy of the notice must
be sent by registered mail, return receipt requested, to the owner at the owner's last
known address.
B. If the ownership of the real property cannot be ascertained after due and diligent
search, an award must be made to persons unknown for the value of the real property
and bonds for that amount running to the treasurer of the county for the use of persons
entitled to the bonds must be deposited in the Superior Court. If, within 2 years after
the bonds are deposited, no person has been able to prove ownership of the real
property, the Superior Court shall order these bonds to be cancelled and returned to the
redevelopment authority.
4. Notice published. After the resolution, plat and statement are filed under subsection
1, paragraph A, the redevelopment authority shall publish a copy of the resolution and
statement in a newspaper having genera