Sears Island committee hears ownership debate
Thursday, July 13, 2006 - Bangor Daily News
By Tom Groening
BELFAST - Presentations by lawyers for the state Department of Transportation and Attorney General's Office did little Wednesday to point the way toward consensus for a steering committee aiming to find recommendations for use of Sears Island.
Jeff Pidot, who specializes in environmental and conservation matters for the Attorney General's Office, and Toni Kimmerle, real estate attorney for DOT, were asked to address the issue of the island's ownership at a meeting of the island steering committee. It met Wednesday at the University of Maine Hutchinson Center in Belfast.
The history of the state's interest in and then ownership of Sears Island was poked and prodded by those arguing for preserving the island in a natural state and those who want to retain it for shipping.
Those wanting to preserve the Waldo County island have argued in recent years that it is owned by the state as a whole and not controlled by DOT, while transportation advocates counter that DOT is charged with managing the island for the state.
The opposing viewpoints were sharply illustrated in one exchange, both based on the history of the issue, between Steve Miller of the Islesboro Island Trust and former DOT commissioner John Melrose of Maine Tomorrow.
When the island was bought in 1997 during the Angus King administration after a cargo port bid was dropped, Miller said, "the actual purpose [of the purchase] was ambiguous at best."
At the time, Gov. King justified the purchase by saying "it might be good for a park, it might be good as a port," Miller said. The purchase essentially "land banked" the property for later decision, he said.
But Melrose countered that the Legislature in several resolves through the 1980s and 1990s asserted the state's interest in building a cargo port on the island. And during that period, $26 million in state funds was expended toward that goal.
"That's the complete record through two decades," Melrose said.
The attorneys also explained last year's legislative action on the island, LD 277, which stipulates that any new use proposed for the island must be approved by the Legislature's Transportation Committee.
Pidot said he believes the committee, without action by the full Legislature, can make decisions about the island.
But the attorney also stressed that any law, such as LD 277, can be changed by any future Legislature, and urged the committee to not be constrained by it in its deliberations. He also suggested the governor can sell or transfer state-owned property such as Sears Island without legislative approval.
Kimmerle outlined the history of the state's involvement with the 941-acre island in Searsport:
. In 1985 DOT acquired by eminent domain a 49-acre parcel on the west side of the island on which to construct a container cargo port. The island was then owned by Bangor Investment Co., a subsidiary of Bangor & Aroostook Railroad.
. In 1986, DOT took by eminent domain from Central Maine Power and other property owners a 100-foot-wide right of way from Kidder Point on the mainland to the cargo port site. Two years later, DOT began constructing the causeway that now links the island to the mainland.
. In early 1994, DOT entered into a purchase and sales agreement with Bangor Investment Co. to buy the remainder of the island. The agreement noted the purchase was to develop a cargo port and ensure adequate land for potential environmental mitigation.
. The state closed on the purchase of the island in 1997, using federal highway funds, but later reimbursed the federal money so the island would be unencumbered by federal stipulations.
About 60 people, including steering committee members, attended the meeting in Belfast, and a small group also gathered in Bangor, linked by videoconferencing equipment.
Karin Tilberg, deputy commissioner of the Conservation Department, which is leading the planning process, said this third steering committee meeting should mark a change. To date, some members have been "fighting ideas," she said.
"It is time in this process to shift working toward ideas," Tilberg said, setting aside distrust and opposition to work toward consensus. She urged members to work at understanding contrary views.
The committee hopes to file a recommendation report with the governor, the Legislature's Transportation Committee and the town of Searsport by the end of the year.
