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1973 Maine Attorney General Reports and Opinions 1 (1973)

handle is hein.sag/sagme9001 and id is 1 raw text is: January 2, 1973 cohn L. Martinp Chairman Land Use Regulation Commission George C. Westi Deputy Attorney General Baxter State Park Authority Has Control and- Management of Baxter State Park Paramount to Another State Agency. SYLLABUS: ' The Maipe Land Use Regulation Commission has no authority to require Grpat-'Northetn Paper Company to obtain a development per- mit from'the.CommiPsion prior to exercising cutting rights in Baxter Stqtew 'Park.- Moreover, the Baxter State Park Authority has paramount codtrol and management of the Park. FACTS: Baxter State Park, named in honor of the generous donor of all the la ds thatcomprise the Park - Honorable Percival Proctor Baxter - cynsists of Townships 2, 3, 4, 5 and 6, Range 9'W.E.L.S. and Townships 3, 4, 5 and 6, Range 10 W.E.L.S., Piscataquis County, and Townshi 6, Range 8 W.E.L.S., Penobscot County. (See 12 M.R.SvA. g 901 ahd paragraph Sixth of Mr. Baxter's Will dated September 9, 1966). T.he 2010,18 acres making up Baxter State Park were granted lin Trust a.the'benef it of the people of Maine in various deeds. The successive grants were accepted by the Legislature in the form of Privat# and Special Laws. When Mr, Baxter conveyed certain of the Park lands to the State in Trust, the.deeds excepted and reserved to Great Northern Paper company the :ight to cut and remove merchantable timber and stand- ing growiAIith specified southern areas of the Park. Recently, Baxter State Paik4 :.Authority entered into 'an agreement with the paper co PnyA.tganAsrring the. compahy's cutting rights to a northern akeWaof the Park, onsidered by the Authority to.be in the best intereptp of-the people of Maine. In 1969, the aine Land Use Regulation Comission was created by the Legislature. P.L. 1969,..c. 494. The Commission views cutting operations as.developments for which a permit is required from the Commissic. That being so,,the Commission asks whether it has juris- diction 't,reViroGreat :Nrthern Paper Company to obtain a develop- ment permit before exercising cutting rights under the beforementioned agreement -wit.:the Authority. pUESTION-: Does the Maine Land Use Regulation Commission have authority to require Geat Northern Paper Company to obtain a development permit from the Commission before exercising cutting rights in Baxter State Park? Digitized from Best Copy Available

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