SP0147, LD 514, item 1, An Act Regarding Conveyance of Easements across Railroad Rights-of-way

An Act Regarding Conveyance of Easements across Railroad Rights-of-way

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 5 MRSA §6209, sub-§6, as amended by PL 1993, c. 728, §13, is further amended to read:

6. Legislative approval. Land Except as provided in this subsection, land acquired under this chapter may not be sold or used for purposes other than those stated in this chapter, unless approved by a 2/3 majority of the Legislature. Notwithstanding any other provision of law, including a bond authorization, an easement across a railroad right-of-way acquired under this chapter may be sold or conveyed without the approval of the Legislature if the easement sale or conveyance is approved by the Governor and the Commissioner of Conservation and is in accordance with rules established by the by the Department of Conservation, Bureau of Parks and Lands under Title 12, section 1814-A.

Sec. 2. 12 MRSA §598, sub-§4, as enacted by PL 1993, c. 639, §1, is amended to read:

4. Reduced. "Reduced" means a reduction in the acreage of an individual parcel or lot of designated land under section 598-A. "Reduced" does not mean a reduction in the value of the property. "Reduced" as applied to a railroad right-of-way acquired pursuant to Title 5, chapter 353 or section 1813 does not include the conveyance of an easement across that railroad right-of-way in accordance with rules adopted pursuant to section 1814-A.

Sec. 3. 12 MRSA §598, sub-§5, as amended by PL 1997, c. 678, §7, is further amended to read:

5. Substantially altered. "Substantially altered ," , in the use of designated lands, means changed so as to significantly alter physical characteristics in a way that frustrates the essential purposes for which that land is held by the State. The essential purposes of state parks, historic sites, public access sites, facilities for boats and the Allagash Wilderness Waterway are the protection, management and improvement of these properties for public recreation, conservation, scenic values, nature appreciation, historic preservation and interpretation, public access and related purposes. The essential purposes of public reserved and nonreserved lands are the protection, management and improvement of these properties for the multiple use objectives established in section 1847. The essential purposes of lands acquired through the Land for Maine's Future Board that are not held by the Department of Inland Fisheries and Wildlife or by the Department of Conservation are the protection, management and improvement of those lands for recreation, conservation, farming, open space, plant and animal habitat, scenic values, public access and related purposes. The essential purposes of state-owned wildlife management areas and game farms are the protection, management and improvement of those properties for fish and wildlife habitat and propagation, hunting, trapping, fishing, recreation, propagation and harvesting of forest and other natural products and related purposes. "Substantially altered" as applied to a railroad right-of-way acquired pursuant to Title 5, chapter 353 or section 1813 does not include the conveyance of an easement across that railroad right-of-way in accordance with rules adopted pursuant to section 1814-A.

Sec. 4. 12 MRSA §1814-A is enacted to read:

§ 1814-A. Easements across rail trails.

With the consent of the Governor and the commissioner, the bureau may sell or convey easements across railroad rights-of-way acquired under section 1813 without legislative approval under section 598-A in accordance with rules adopted by the bureau under this section. The rules must define the type, size and use of easements that may be sold or conveyed under this section or under Title 5, section 6209, subsection 6. Rules adopted in this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

summary

This bill allows the Department of Conservation, Bureau of Parks and Lands and the Land For Maine's Future Board to sell or convey easements across rail trails without legislative approval.

SP0147 LD 514	First Regular Session - 125th Maine Legislature		LR 1453 Item 1
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