In
the past 18 months, 22% of all the land in Maine (5 million acres) has
been sold. Most of the
land transactions
were forestlands that have been sold by large, multi-national corporations
through Limited Liability
Corporations (LLCs) owned by the corporations themselves. The point
of transferring ownership
through LLCs is to avoid the payment of a transfer tax.
In last year’s Legislative
session, Sen. Michael Michaud of East Millinocket submitted a bill
aimed at the collection
of land transfer taxes by Limited Liability Corporations. The complexity
of the legislation
and the lack of time to deal with it caused the bill to die in committee
with a
unanimous ought not
to pass vote. The result of failing to pass this legislation has now created
a
shortfall in the General
Fund in excess of 5 million dollars!
Although this practice
of selling land through LLCs is currently legal, there has been no outcry
from the Executive
or Legislative branches! The State now faces a total short fall of $250
million, and yet the
practice continues with, it seems, Executive and Legislative knowledge.
It seems to us that
both bodies have a fiduciary responsibility to the citizens of the State
of
Maine. As it stands
now, it is only the small landowner that bears the burden of land transfer
taxes, while corporate
landowners sell land through LLC’s with impunity!
Meanwhile, The Department
of Conservation is actively engaged in negotiations with several
large corporate landowners
to purchase easements on lands that would halt development in the
so-called West Branch
Project. At last count the state was offering the landowners 1\3 the fair
market value of these
lands. Once again, the bureaucrats in Augusta have duped the general
public. In our view,
the state already has in place within this department, a commission that
monitors and reviews
all development in the Unorganized Territories. Anyone who owns or
leases land in the
Unorganized Territories knows full well the power of the Land Use Regulation
Commission. So what
are the citizens of this state buying? It appears that while the state
is
facing a short fall
of $250 million, the bureaucrats, are spending our tax dollars (both state
and
federal) to buy something
that we already control. LURC does not allow development in the
Unorganized Territories,
on any large scale, period! The question still begs, “Just what is the
citizenry buying?”
Further, these West
Branch lands that will be impacted by the easement(s) are currently in
litigation. Allegedly
the lands being negotiated have a legal encumbrance that provides for 30
years free day use
by all citizens of Maine. Should the plaintiffs prevail in the lawsuit,
the value
of the land will be
markedly reduced! However, when approached by the lawyers for the plaintiff,
the lawyers for the
Forest Society of Maine, and the Governors office, refused to acknowledge
the suit, and “preferred
to do their own negotiations.”
One of the negotiators
in past easement purchases is Allen Hutchinson of the Forest Society of
Maine. At a hearing
conducted by the Public Access Committee at Pittston Farm last August,
he
stated that McDonald
Investments and others had approached him about brokering an easement
with the State in
November or December of 1998. This is well before Bowater announced the
sale of this portion
of their land in 1999. When Mr. Hutchinson was asked if the Governor knew,
he replied that he
must, as the Commissioner of Conservation, Ron Lovaglio, was fully involved!
The most egregious
part of this whole questionable deal, is that one of the current landowners,
Wagner Forest Management,
Ltd., who avoided paying approximately one million dollars to the
state in land transfer
taxes, and its representative, Tom Colgan, refused to tell the legislature
last
winter who owned the
land, is now in secret negotiations with the Conservation Department. All
of this is being done
without legislative oversight. If the deal goes through, the landowners
could
receive up to 50 million
dollars, and the Maine citizens will apparently receive nothing in return,
not even free public
access. This is truly the Fleecing of Maine!