§6855. Land

Link to law: http://legislature.maine.gov/legis/statutes/36/title36sec6855.html
Published: 2015

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§6855. Land








1. Public benefit. 
The Legislature, recognizing that the submerged and intertidal lands as those terms
are defined in Title 12, chapters 202-A and 220, respectively, are owned by the State
for the benefit of the public and are impressed with a public trust and having considered
all factors relevant to that public trust and the impact that conveying or leasing
the submerged and intertidal land described in this subsection to a certified applicant
would have on the public trust and the benefits to the State and its people from the
conveyance or lease, finds that a conveyance or lease to a certified applicant of
all or any part of the State's right, title and interest in and to no more than 15
acres of submerged and intertidal lands owned by the State, and located on the westerly
side of the Kennebec River between the southerly side of the Carlton Bridge and a
point 2 miles southerly of the Carlton Bridge, in order to construct, improve, modernize
or expand a shipbuilding facility, is necessary to ensure the long-term survival of
the shipbuilding industry in this State, to preserve numerous opportunities for jobs
for the people of this State, to make the State more competitive in the shipbuilding
industry and thus to ensure the preservation and betterment of the economy of the
State for the benefit of its people and the Legislature further finds that the grant
or lease will benefit a class of persons much greater than the certified applicant
and that the impact, if any, on the public trust in what remains would be minimal
and that the foregoing benefits to the State and its people resulting from the conveyance
or lease far exceed any impact on the public trust in submerged and intertidal lands.


[
1999, c. 127, Pt. A, §52 (AMD)
.]








2. Conveyance by State. 
The State is authorized to lease to a certified applicant for a period of up to
5 years or until a qualified investment of $150,000,000 is made, whichever is sooner,
all or any part of the State's right, title and interest in the submerged and intertidal
lands not exceeding 15 acres located as described in subsection 1 as necessary or
convenient for the certified applicant to construct, improve, modernize or expand
a shipbuilding facility. At the end of the lease period, the State is authorized
to convey to a certified applicant the same property that was leased. The conveyance
must be made for consideration equal to the fair market value of submerged lands at
the time of conveyance. The provisions of Title 12, chapters 202-A and 220 do not
apply to any conveyance or lease. Failure on the part of the certified applicant
to purchase any submerged or intertidal lands under this subsection does not relieve
the certified applicant of liability for violation of any state or federal environmental
laws or regulations or local ordinances affecting submerged or intertidal lands during
the lease period.


[
1999, c. 127, Pt. A, §52 (AMD)
.]





SECTION HISTORY

1997, c. 449, §1 (NEW).
1999, c. 127, §A52 (AMD).