CHAPTER 105
H.P. 1306 - L.D. 1784
Resolve, Authorizing the Commissioner of Administrative and Financial Services To Sell or Lease the Interests of the State in Property in Fayette, Maine
Sec. 1. Definitions. Resolved: That, as used in this resolve, unless the context otherwise indicates, the following terms have the following meanings.
1. "Commissioner" means the Commissioner of Administrative and Financial Services.
2. "State property" means the real and personal property described in section 3; and be it further
Sec. 2. Authority to convey property. Resolved: That the State, by and through the commissioner, may:
1. Lease or sell the interests of the State in the state property;
2. Negotiate, draft, execute and deliver any documents necessary to settle any boundary line discrepancies;
3. Exercise, pursuant to the Maine Revised Statutes, Title 23, chapter 3, the power of eminent domain to quiet for all time any possible challenges to ownership of the state property;
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 or lease of the State's interests; and
5. Release any interests in the state property that, in the commissioner's discretion, do not contribute to the value of the remaining state property; and be it further
Sec. 3. Property interests that may be conveyed. Resolved: That the state property authorized to be sold or leased is one acre of land, more or less, near but not adjacent to the Baldwin Hill Road in Fayette and described in deed recorded at the Registry of Deeds of the County of Kennebec, State of Maine in Book 1053, Pages 3 and 4.
The state property may be sold in whole or in part, at the discretion of the commissioner, subject to such permits or approvals as may be required by law; and be it further
Sec. 4. Property to be sold "as is." Resolved: That the commissioner may negotiate and execute leases and purchase and sale agreements upon those terms the commissioner considers appropriate; however, the state property must be sold "as is," without any representations or warranties.
Title must be transferred by quitclaim deed without covenant and executed by the commissioner; and be it further
Sec. 5. Exemptions. Resolved: That any lease or conveyance pursuant to this resolve is exempt from any statutory or regulatory requirement that the property first be offered to the Maine State Housing Authority or another state or local agency; and be it further
Sec. 6. Purchase price. Resolved: That the commissioner shall have the current market value of the state property determined by an independent appraiser. The commissioner may list the property for sale or lease with private real estate brokers at its appraised value and negotiate sales or leases, solicit bids, sell directly to purchasers or enter directly into leases with tenants. The commissioner may reject any offers.
The commissioner shall establish the rent or purchase price and the terms of lease or sale.
If the commissioner elects to solicit bids, the commissioner shall publish notices of sale sufficient to advertise the property. The commissioner may reject any bids; and be it further
Sec. 7. Repeal. Resolved: That this resolve is repealed 3 years from its effective date.
Effective July 30, 2004, unless otherwise indicated.
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