Maine Revised Statutes Title 30 Sec. 6205-A – Acquisition of Houlton Band Trust Land
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1. Approval. The State of Maine approves the acquisition, by the secretary, of Houlton Band Trust Land within the State of Maine provided as follows.
A. No land or natural resources acquired by the secretary may have the status of Houlton Band Trust Land, or be deemed to be land or natural resources held in trust by the United States, until the secretary files with the Maine Secretary of State a certified copy of the deed, contract or other instrument of conveyance, setting forth the location and boundaries of the land or natural resources so acquired. Filing by mail shall be complete upon mailing. [PL 1981, c. 675, §§2, 8 (AMD).]
B. No land or natural resources may be acquired by the secretary for the Houlton Band of Maliseet Indians until the secretary files with the Maine Secretary of State a certified copy of the instrument creating the trust described in section 6208?A, together with a letter stating that he holds not less than $100,000 in a trust account for the payment of Houlton Band of Maliseet Indians’ obligations, and a copy of the claim filing procedures he has adopted. [PL 1981, c. 675, §§2, 8 (AMD).]
C. No land or natural resources located within any city, town, village or plantation may be acquired by the secretary for the Houlton Band of Maliseet Indians without the approval of the legislative body of the city, town, village or plantation. [PL 1981, c. 675, §§2, 8 (AMD).]
[PL 1981, c. 675, §§2, 8 (AMD).]
Terms Used In Maine Revised Statutes Title 30 Sec. 6205-A
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Takings for public uses. Houlton Band Trust Land may be taken for public uses in accordance with the laws of the State of Maine to the same extent as privately-owned land. The proceeds from any such taking shall be deposited in the Land Acquisition Fund. The United States shall be a necessary party to any such condemnation proceeding. After exhausting all state administrative remedies, the United States shall have an absolute right to remove any action commenced in the courts of this State to a United States’ court of competent jurisdiction.
[PL 1981, c. 675, §§2, 8 (AMD).]
3. Restraints on alienation. Any transfer of Houlton Band Trust Land shall be void ab initio and without any validity in law or equity, except:
A. Takings for public uses pursuant to the laws of this State; [PL 1981, c. 675, §§2, 8 (AMD).]
B. Takings for public uses pursuant to the laws of the United States; [PL 1981, c. 675, §§2, 8 (AMD).]
C. Transfers of individual use assignments from one member of the Houlton Band of Maliseet Indians to another band member; [PL 1981, c. 675, §§2, 8 (AMD).]
D. Transfers authorized by United States Public Law 96-420, Section 5(g)(3), United States Code, title 25, § 1724(g)(3); and [PL 1981, c. 675, §§2, 8 (AMD).]
E. Transfers made pursuant to a special act of Congress. [PL 1981, c. 675, §§2, 8 (AMD).]
If the fee to the Houlton Band Trust Fund Land is lawfully transferred to any person or entity, the land so transferred shall cease to have the status of Houlton Band Trust Land.
[PL 1981, c. 675, §§2, 8 (AMD).]
SECTION HISTORY
PL 1981, c. 675, §§2,8 (NEW).