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2021 Op. Me. Att'y Gen. 1 (2021)

handle is hein.sag/sagme2021 and id is 1 raw text is: September 27, 2021 Kristin M. Collins, Esq. Preti Flaherty Beliveau &- Pachios, LLP2 45 Memorial Circle Augusta, ME 04330 Re: Conservation Easement Recorded in the Waldo County Registry of Deeds, Booke 4367, Page 273 Dear 1Ms. Collins, Per William Kelly's letter dated Jusly° 13. 2021, the City of Belfast has requested the Offiee of the Attorney General (the OAG) confirm that it will not initiate any action pursuant to 33 M.R.S. § 478(l )(D)(4I) or take the position that court approval of real estate transactions as to certain disputed intertidal land is necessary pursuant to 33 M.R.S. § 477-A(2)(B3). Since my preliminary email response to Mr. Kelly, dated August 9, 2021, 1 heave reviewed the information provided by the City in support of its request. Based on that review, the OAG declines to provide the requested confirmation. Instead, this letter confirms the OAG's position that, assuming the validity of the subject conservation easemrent and the City's condemnation of same, the City's condemnation of the conservation easement does not terminate that real property interest because, pursuant to 33 M.R.S. § 477-A(2)(B), only a court may terminate a conservation easement. Back1gr-ound Based, on the information provided by the City, the OAG understands as follows, 1. Disputed Ownvership of Intertidal Land Nordic Aquafarms Inc. (Nordic) has obtained various federal, state, and local approvals to construct, operate, and maintain a land-based recirculating aquaculture system. The aquaculture system would consist of a primary upland facility site in Belfast and a seawater access system, The seatwater access system wvould include one wvater discharge pipe and two water intake pipes that would run from the upland facility, cross intertidal land, and extend onto state-owned- submerged lands in Penobscot Bay. Both Jeffrey Mabee and Judith Grace- and Richard Eckrote and Janet Ecrkote have claimed ownership of the disputed intertidal land whiere Nordic proposes 1

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