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Wayne select board to revisit retention of 100‑acre Woods after state statute change
Summary
The select board discussed legal obligations tied to retaining a foreclosed 100‑acre property after a statute change effective August 2024 and agreed to put the item on the next scheduled meeting agenda with a memo and legal guidance.
On May 27, 2025, the Town of Wayne Select Board agreed to place an item about the town's retention of the so‑called 100‑acre Woods on the next scheduled meeting agenda after staff and counsel advised that a new state statute changes the town's obligations when it retains foreclosed property.
The matter matters because a statute enacted with an effective date in August 2024 requires towns that retain foreclosed property to comply with a process for paying excess proceeds to prior owners, and the board was told Wayne must consider that legal requirement before moving forward.
Board members said they had discussed the property with the town's lawyers and that the lawyers had advised the town that, if it retains the parcel, the statute must be followed. A select board member summarized the counsel's view: "We've been talking with our lawyers, and they've given us the opinion that if we're to retain the property, that's gonna have to be complied with." The board agreed no final action would be taken at the May 27 meeting and that a memo explaining the situation would be included in the packet for the next scheduled meeting so interested committees and members of the public could review it.
The board also noted the item had been discussed in executive session under a cited statute and that the public agenda action would be limited to placement of the matter for further discussion. One member said the conservation committee and other stakeholders could request the memo immediately; otherwise the topic will be discussed at the next regularly scheduled meeting.
No formal policy change or disposition of the property was approved May 27; the board instead directed staff to circulate a memo with legal guidance and placed the subject on the next meeting agenda for public discussion and any possible formal action.
