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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 12. CONSERVATION
Chapter : Chapter 211. STATE PARKS
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Title 12 - §801. Designation of certain forts and coaling station as state parks (REPEALED)
Title 12: CONSERVATION Part 2: FORESTS, PARKS, LAKES AND RIVERS Chapter 211: STATE PARKS Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1997, c. 678, @11 (rp)) §801. Designation of certain forts and coaling station as state parks (REPEALED)
Section History:
PL 1973,
Ch. 460,
§19
(AMD).
PL 1995,
Ch. 502,
§E30
(AMD).
PL 1997,
Ch. 678,
§11
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §802. Restaurant facilities at the Ancient Pemaquid Restoration Site in the Town of Bristol (REPEALED)
Title 12: CONSERVATION Part 2: FORESTS, PARKS, LAKES AND RIVERS Chapter 211: STATE PARKS Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1997, c. 678, @11 (rp)) §802. Restaurant facilities at the Ancient Pemaquid Restoration Site in the Town of Bristol (REPEALED)
Section History:
PL 1975,
Ch. 375,
§
(NEW).
PL 1983,
Ch. 824,
§Z-2
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §851. Designation
Title 12: CONSERVATION Part 2: FORESTS, PARKS, LAKES AND RIVERS Chapter 211: STATE PARKS Subchapter 2: JOHN PAUL JONES MEMORIAL PARK §851. Designation
The state park at Kittery, situate between Hunter Avenue and Newmarch Street and between Water and Government Streets in the
Town of Kittery, County of York, shall forever be known and designated as "John Paul Jones Memorial Park" in memory of the
commander of the first American warship.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §900. Purpose
Title 12: CONSERVATION Part 2: FORESTS, PARKS, LAKES AND RIVERS Chapter 211: STATE PARKS Subchapter 3: BAXTER STATE PARK §900. Purpose
Seldom has a more generous gift been presented to a people than has been given by Percival Proctor Baxter to the people of
the State of Maine. It is incumbent upon them, the recipients, to preserve the trust impressed upon them, to ensure for themselves
and for future generations the fullest use of Baxter State Park consistent with the desires of the donor.
[1971, c. 477, § 1 (new).]
div> Governor Baxter's expressed desires were that this park "shall forever be retained and used for state forest, public park
and public recreational purposes ... shall forever be kept and remain in the natural wild state ... shall forever be kept
and remain as a sanctuary for beasts and birds."
[1971, c. 477, § 1 (new).]
div> Lest those that follow, uncertain of Governor Baxter's wishes, seek to define his desires in ways inharmonious with their
original intent, this section is enacted.
[1971, c. 477, § 1 (new).]
div> It shall be the object of the Baxter State Park Authority to preserve the grandeur and beauty of Maine's highest peak, Mount
Katahdin, as well as the 45 other mountains, the numerous lakes, ponds and streams; to subordinate its own wishes to the intent
of Governor Baxter; to recognize his wish that, in this era of change, one thing of natural beauty remain constant.
[1971, c. 477, § 1 (new).]
div> This intent must be interpreted so as not to separate this park from the people to whom it was given; but rather seek to have
it enjoyed and "used to the fullest extent but in the right unspoiled manner."
[1971, c. 477, § 1 (new).]
div> As a public forest it shall remain in its natural wild state and when "the Forests of our State have been cut off and disappeared,
when civilization has encroached upon the land we now refer to as 'Wild Land,' this park will give the people of succeeding
generations a living example of what the State of Maine was 'in the good old days' before the song of the woodsman's axe and
the whine of the power saw was heard in the land."
[1971, c. 477, § 1 (new).]
div> As a public park and a place of recreation, it is apparent that it is intended for "those persons who enjoy the wilderness"
and that the repeated use of the word "recreation" refers to the use of this park compatible with its natural state as a wilderness
area and an expanse "for those who love nature and who are willing to walk and make an effort to get close to nature ... with
pleasant foot-trails built and attractive camp-sites laid out in the valleys, by the brooks, and on the shores of the water."
[1971, c. 477, § 1 (new).]
div> As a tract kept in its "natural wild state," it is intended that "everything in connection with the park must be left simple
and natural and must remain as nearly as possible as it was when only the Indians and the animals roamed at will through these
areas ..." Access to the park shall be provided only "as may be necessary to accommodate those persons who wish to enjoy the
great unspoiled area that now is the property of our State ..."
[1971, c. 477, § 1 (new).]
div> As a "sanctuary for beasts and birds" it shall be forever a "sanctuary and home for the creatures of the wild," and as refuge
"against hunting, trapping and killing" where "hunting with cameras will take the place of hunting with guns."
[1971, c. 477, § 1 (new).]
div> While this area bears the name park, it is not to be confused with the existing state park system and is to "be separately
administered free from any connection with the larger State Park Commission." (Bureau of Parks and Lands) That system, purchased
with the funds of the people, must change from time to time to accommodate changing circumstances and the varying desires
of its proprietors; not so, Baxter State Park, purchased by the generosity of one man, richly endowed, and presented to the
people with specific stipulations.
[1995, c. 502, Pt. E, §30 (amd).]
div> Director's Note: State Park Commission is now Bureau of Parks and Lands at end of paragraph;
div> "While I am living I fear no encroachments on the park, but as time passes and new men appear upon the scene, there may be
a tendency to overlook these restrictions and thus break the spirit of these gifts."
[1971, c. 477, § 1 (new).]
div> Solemnly cognizant of the responsibility, it shall always be the purpose of the authority to satisfy the terms of the Trust.
[1971, c. 477, § 1 (new).]
Section History:
PL 1971,
Ch. 477,
§1
(NEW).
PL 1973,
Ch. 625,
§64
(AMD).
PL 1995,
Ch. 502,
§E30
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §901. Designation; payments to forestry district
Title 12: CONSERVATION Part 2: FORESTS, PARKS, LAKES AND RIVERS Chapter 211: STATE PARKS Subchapter 3: BAXTER STATE PARK §901. Designation; payments to forestry district
div> All the lands in Townships 2, 3, 4, 5 and 6, Range 9 W.E.L.S. and in Townships 3, 4, 5 and 6, Range 10 W.E.L.S., Piscataquis
County, and Township 6, Range 8 W.E.L.S., Penobscot County, that have been donated and conveyed to the State in trust by Percival
Proctor Baxter and all lands in the Townships 2, 3, 4, 5 and 6, Range 9 and in Townships 3, 4, 5 and 6, Range 10, and in Township
6, Range 8 and all lands in Piscataquis and Penobscot Counties that hereafter shall be donated and conveyed to the State by
Percival Proctor Baxter in trust for state forest, public park and public recreational purposes are named and shall hereafter
be named "Baxter State Park" in honor of the donor, and the same hereafter shall forever be so designated on the official
maps and records of the State. They shall be under the joint supervision and control of, and shall be administered by the
Director of the Bureau of Forestry, the Commissioner of Inland Fisheries and Wildlife and the Attorney General, and the commissioner,
director and Attorney General shall have full power in the control and management of the same, under the title of Baxter State
Park Authority, as authorized by Title 5, section 12004-G, subsection 11. The authority shall receive moneys available from
trust funds established by the donor of the park and shall include fees collected, income from park trust funds invested by
the Treasurer of State and other miscellaneous income derived from the park for maintenance and operation of the park.
[1989, c. 503, Pt. B, §56 (amd).]
div> The authority is further designated the agency of the State to receive such sums as are, from time to time, paid to the State
by the trustee under clause THIRD of a certain inter vivos trust dated July 6, 1927, as from time to time amended, created
by said Baxter for the purchase or other acquisition of additional land for said Baxter State Park, and for the purchase of
other lands for recreational or reforestation purposes, and the authority is authorized to expend such sums so received for
such purposes and shall hold and use such lands as specified in the trust.
[1985, c. 107, §2 (amd).]
Section History:
PL 1965,
Ch. 226,
§17
(RPR).
PL 1967,
Ch. 504,
§
(AMD).
PL 1969,
Ch. 557,
§3
(AMD).
PL 1971,
Ch. 477,
§2
(AMD).
PL 1973,
Ch. 87,
§
(AMD).
PL 1973,
Ch. 460,
§18
(AMD).
PL 1975,
Ch. 497,
§3
(AMD).
PL 1983,
Ch. 556,
§3
(AMD).
PL 1983,
Ch. 812,
§77
(AMD).
PL 1985,
Ch. 107,
§2
(AMD).
PL 1989,
Ch. 503,
§B56
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §902. Public reserved lots in park
Title 12: CONSERVATION Part 2: FORESTS, PARKS, LAKES AND RIVERS Chapter 211: STATE PARKS Subchapter 3: BAXTER STATE PARK §902. Public reserved lots in park
The public reserved lots in the area known as Baxter State Park shall be forever held in trusts, and are here declared to
be so held, as part of said park not only as respects the interests conveyed to the State by Percival Proctor Baxter but as
respects the basic title originally owned by the State. The basic title of each such lot is declared to be held in the same
trusts and for the same purposes as are declared in the deed or deeds of the said Percival Proctor Baxter conveying to the
State his interest in such lot.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §903. Rules
Title 12: CONSERVATION Part 2: FORESTS, PARKS, LAKES AND RIVERS Chapter 211: STATE PARKS Subchapter 3: BAXTER STATE PARK §903. Rules
1. Adoption of rules. The Baxter State Park Authority may adopt rules pursuant to the Maine Administrative Procedure Act it considers necessary
for the protection and safety of the public or for the proper observance of the conditions and restrictions expressed in the
deeds of trust of the Baxter State Park to the State.
[2003, c. 452, Pt. F, §2 (new); Pt. X, §2 (aff).]
2. Violation of rules. A person who violates any of the rules of the Baxter State Park Authority commits a Class E crime. Except as otherwise
specifically provided, these crimes are strict liability crimes as defined in Title 17-A, section 34, subsection 4-A.
[2003, c. 452, Pt. F, §2 (new); Pt. X, §2 (aff).]
3. Destruction of structure, monument, marker or notice. A person who intentionally or knowingly mutilates, defaces or destroys any structure, monument or marker lawfully erected
within the boundaries of the Baxter State Park, or any notice or rule of the Baxter State Park Authority that is posted in
conformity with this section, commits a Class E crime.
[2003, c. 452, Pt. F, §2 (new); Pt. X, §2 (aff).]
Section History:
PL 1965,
Ch. 226,
§18
(AMD).
PL 1973,
Ch. 201,
§
(AMD).
PL 1977,
Ch. 694,
§237
(AMD).
PL 2003,
Ch. 452,
§F2
(RPR).
PL 2003,
Ch. 452,
§X2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §904. Agents and representatives
Title 12: CONSERVATION Part 2: FORESTS, PARKS, LAKES AND RIVERS Chapter 211: STATE PARKS Subchapter 3: BAXTER STATE PARK §904. Agents and representatives
The Baxter State Park Authority shall appoint agents or representatives to carry out this subchapter. All appointed agents
or representatives shall hold office under the rules of the Civil Service Law. They shall be sworn to the faithful discharge
of their duties and a certificate thereof shall be returned and filed in the office of the chairman of the authority. They
shall be appointed by the authority in accordance with the Civil Service Law and may be allowed actual necessary expenses
of travel.
[1985, c. 785, Pt. B, § 63 (amd).]
Section History:
PL 1965,
Ch. 226,
§19
(AMD).
PL 1985,
Ch. 785,
§B63
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §905. Police supervision; power to arrest
Title 12: CONSERVATION Part 2: FORESTS, PARKS, LAKES AND RIVERS Chapter 211: STATE PARKS Subchapter 3: BAXTER STATE PARK §905. Police supervision; power to arrest
Said park authority shall exercise police supervision over Baxter State Park. The agents or representatives of the Baxter
State Park Authority, designated for that purpose by said park authority, are authorized and empowered to arrest with or without
warrant any person within the State who is committing, or to detain, until a warrant has been obtained, any person within
the State who has been seen by said agents or representatives committing any offense against the state laws, or any violation
of any rule or regulation of the Baxter State Park Authority within said park, but no dwelling house shall be searched for
the purpose of such arrest without a warrant, and then only in the daytime, and no sealed railroad car shall be entered for
the purpose of such arrest without such warrant.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §906. Restrictions on powers and duties of park authority
Title 12: CONSERVATION Part 2: FORESTS, PARKS, LAKES AND RIVERS Chapter 211: STATE PARKS Subchapter 3: BAXTER STATE PARK §906. Restrictions on powers and duties of park authority
The powers and duties of the Baxter State Park Authority shall not be so construed as to permit the collection of a fee for
entering the premises of the park by residents of the State or interfere or conflict in any way with the powers and duties
of the Maine State Bureau of Parks and Lands, Department of Inland Fisheries and Wildlife or the Bureau of Forestry and their
duly appointed wardens or rangers, and the enforcement of the inland fisheries and game and forestry laws in respect to Baxter
State Park or to the State generally. Nothing in section 900 or any other law shall be interpreted or construed to modify,
nullify or affect in any way any of the provisions in any deed of trust made by Percival Proctor Baxter conveying land in
Baxter State Park to the State of Maine.
[1975, c. 497, §1 (amd); 1995, c. 502, Pt. E, §30 (amd).]
Section History:
PL 1965,
Ch. 226,
§20
(AMD).
PL 1971,
Ch. 477,
§3
(AMD).
PL 1973,
Ch. 460,
§18,19
(AMD).
PL 1975,
Ch. 493,
§3
(AMD).
PL 1995,
Ch. 502,
§E30
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §907. Jurisdiction
Title 12: CONSERVATION Part 2: FORESTS, PARKS, LAKES AND RIVERS Chapter 211: STATE PARKS Subchapter 3: BAXTER STATE PARK §907. Jurisdiction
The District Court shall have original and concurrent jurisdiction with the Superior Court in all prosecutions under any provisions
of this subchapter. Any person, arrested as a violator of said subchapter, shall with reasonable diligence be taken before
the District Court in the division nearest to where the offense is alleged to have been committed for a warrant and trial,
and in such case jurisdiction is granted to the District Court in adjoining divisions to be exercised in the same manner as
if the offense had been committed in that division.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §908. Park operations
Title 12: CONSERVATION Part 2: FORESTS, PARKS, LAKES AND RIVERS Chapter 211: STATE PARKS Subchapter 3: BAXTER STATE PARK §908. Park operations
1. Certain approval unnecessary; payments. Notwithstanding any other provision of law, the Baxter State Park Authority shall not need the approval of the Department
of Finance through the Office of the State Controller for the payment of any bills, invoices, accounts, payrolls or any other
evidences of claims, demands or charges.
[1989, c. 68, Pt. C, §2 (new); 2003, c. 600, §4 (rev).]
2. Certain approval unnecessary; purchases. Notwithstanding any other provision of law, purchases of materials or services by the Baxter State Park Authority shall
not need the approval of the Department of Administration through the Bureau of Purchases.
[1989, c. 68, Pt. C, §2 (new).]
3. Certain approval unnecessary; construction or improvement. Notwithstanding any other provision of law, the construction or reconstruction of roads and buildings or any other improvements
by the Baxter State Park Authority does not need the approval of the Department of Administrative and Financial Services through
the Bureau of General Services.
[RR 1993, c. 1, §34 (cor).]
Section History:
PL 1989,
Ch. 68,
§C2
(NEW).
RR 1993,
Ch. 1,
§34
(COR).
PL 2003,
Ch. 600,
§4
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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