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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.
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.
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

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