Maine LD 780: Resolve, Authorizing the Director of the Bureau of Parks and Lands To Convey the Parcel of Land in Kittery Known as John Paul Jones Memorial Park to the Town of Kittery

LD 780 (subjects: STATE GOVERNMENT , LAND CONVEYANCES )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=780&PID=1456&snum=127


Sponsors | Actions | Bill Text & Amendments | Patterns of Support | In The News


Sponsors

Principal Sponsor: Sen. Dawn Hill of York: (D – District 35) — e-mail | Twitter | Facebook

2 Cosponsors:

Actions

Chamber

Action
3/10/2015 Senate Committee on STATE AND LOCAL GOVERNMENT
suggested and ordered printed
On motion by Senator Willette of Aroostook REFERRED to the Committee on STATE AND LOCAL GOVERNMENT
Ordered sent down forthwith for concurrence.
3/11/2015 House Resolve REFERRED to the Committee on STATE AND LOCAL GOVERNMENT.
In concurrence. ORDERED SENT FORTHWITH.
5/12/2015 Senate Report READ and ACCEPTED.
READ ONCE.

Committee Amendment “A” (S-80) READ and ADOPTED.

Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (S-80) .

Ordered sent down forthwith for concurrence.
5/13/2015 House CONSENT CALENDAR – FIRST DAY
Under suspension of the rules
CONSENT CALENDAR – SECOND DAY.
The Resolve was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (S-80).
In concurrence. ORDERED SENT FORTHWITH.
5/19/2015 House FINALLY PASSED.
Sent for concurrence. ORDERED SENT FORTHWITH.
5/20/2015 Senate On motion by Senator HAMPER of Oxford PLACED ON THE SPECIAL APPROPRIATIONS TABLE pending FINAL PASSAGE – 2/3 Elected Required , in concurrence.
5/27/2015 Senate On Motion by Senator HAMPER of Oxford taken from the SPECIAL APPROPRIATIONS TABLE.
FINALLY PASSED – Sale of Public Land – 2/3 Elected Required , in concurrence.
6/9/2015 Senate LD 780 In Senate, June 9, 2015, this Bill, having been returned by the Governor, together with objections to the same pursuant to the provisions of the Constitution of the State of Maine, after reconsideration, the Senate proceeded to vote on the question: “Shall this Bill become a law notwithstanding the objections of the Governor?” 35 In Favor and 0 Against , accordingly it was the vote of the Senate that the Bill become law and the VETO was OVERRIDDEN.
6/9/2015 House This Resolve, having been returned by the Governor, together with objections to the same pursuant to Article IV, Part Third, Section 2 of the Constitution of the State of Maine, after reconsideration, the House proceeded to vote on the question: “Shall this Bill become a law notwithstanding the objections of the Governor?”
ROLL CALL NO. 195V
137 having voted in the affirmative and 2 in the negative, with 12 being absent, and accordingly it was the vote of the House that the Bill become a law notwithstanding the objections of the Governor, since two-thirds of the members of the House so voted.
In concurrence. ORDERED SENT FORTHWITH.

Bill Text & Amendments

Important Note: The bill text below presents L.D. 780 as originally introduced. L.D. 780 was changed by the legislature through amendment. To understand the impact of this legislation in proper context, be sure to read adopted amendment text, available here: C-A (S-80) .

Resolve, Authorizing the Director of the Bureau of Parks and Lands To Convey the Parcel of Land in Kittery Known as John Paul Jones Memorial Park to the Town of Kittery

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 Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry may sell or exchange lands with the approval of the Legislature in accordance with the Maine Revised Statutes, Title 12, section 1814 and section 1851, subsections 1 and 2; now, therefore, be it

Sec.
1.
Director of the Bureau of Parks and Lands is authorized, but not directed, to convey certain land known as John Paul Jones Memorial Park in Kittery. Resolved: That the Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry may gift by quitclaim deed without covenant, and on such other terms and conditions as the director may direct, the interests of the State in the property known as John Paul Jones Memorial Park, referred to in this resolve as “the property,” situated between Hunter Avenue and Newmarch Street and between Water Street and Government Street in the Town of Kittery, County of York, with the buildings and improvements, together with all appurtenant rights and easements located on that property, to the Town of Kittery; and be it further

Sec.
2.
Restrictions. Resolved: That the instrument transferring the interests of the State in the property must include the following terms and restrictions:

1. The property is to be used for public noncommercial governmental purposes only. If the property is used otherwise, title to the property must automatically revert to the Department of Agriculture, Conservation and Forestry, but only on those terms and conditions as the Director of the Bureau of Parks and Lands within the department may direct;

2. In the event the Town of Kittery proposes to transfer an interest in the property, in whole or in part, to a 3rd party not affiliated with the Town of Kittery, the department has a right of first refusal to take back the property at no cost and upon those terms and conditions as the director may direct; and

3. Notwithstanding any decision by the department not to exercise its right of first refusal, the department shall continue to hold the right of first refusal in perpetuity, and such right is a servitude on the property and runs with the land and is binding upon the Town of Kittery, its successors and assigns forever.

summary

This resolve authorizes the Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry to gift the state property known as John Paul Jones Memorial Park to the Town of Kittery. It restricts the use of the property to public noncommercial governmental purposes, and the property reverts to the Department of Agriculture, Conservation and Forestry if used otherwise. The resolve also gives the department right of first refusal in perpetuity to take the property back if the Town of Kittery proposes to transfer the property to a 3rd party not affiliated with the town.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


In The News…

Recent news stories featuring LD 780:


This information about LD 780 was last updated on 2016-05-12.
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