Mar 13, 2016

Governor's bill to prevent national monuments in Maine gets Ought NOT to Pass

In a  7 to 6 vote,  the state and local government committee gave an Ought Not To Pass to LD 1600

During the work session,   Maine AG's office explained that the federal supremacy clause supercedes the intent of the legislation.  The "Enclave Clause" of the US constitution  requires state consent to federal acquisition. State can "withhold its consent" to the federal acquisition obtaining the land. This will give the state  limited co-management of the property. But the state  couldn't do anything that violated  the federal purposes of managing that piece of land.

"Can't prevent the acquisition of the land nor frustrate what the federal government is trying to do there. "

http://www.mainelegislature.org/legis/bills/bills_127th/billtexts/HP109101.asp

Sec. 1. 1 MRSA §15  is amended to read:
§ 15. Consent of Legislature to acquisition of land by United States for public buildings; record of conveyances
In accordance with the Constitution of the United States, Article 1, Section VIII, Clause 17, and Acts of Congress in such cases provided, the consent of the Legislature is given to the acquisition by the United States, or under its authority, by purchase, condemnation or otherwise, of any land in this State required for the erection of lighthouses or for sites for customhouses, courthouses, post offices, arsenals or other public buildings, or for any other purposes of the government. Deeds and conveyances or title papers for the same shall must be recorded upon the land records of the county or registry district in which the land so conveyed may lie; and in like manner may be recorded a sufficient description by metes and bounds, courses and distances, of any tracts and legal divisions of any public lands belonging to the United States set apart by the general government for either of the purposes before mentioned, by an order, patent or other official paper so describing such land. These deeds and conveyances or title papers must contain a covenant requiring that all right, title and interest in the property revert to the grantor if the United States attempts to designate this property a national monument pursuant to 54 United States Code, Section 320301 (2015).

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