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Planning Board sends favorable recommendation to City Council on disposition of tax-acquired properties

2113635 · January 15, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

The Lewiston Planning Board voted Jan. 13 to send a favorable recommendation to the City Council for the disposition of a packet of city‑owned parcels described in the meeting materials. Staff told the board some tax and lien details were incomplete and legal counsel guidance will be used when the city markets or disposes of individual parcels.

The Lewiston Planning Board on Jan. 13 voted to send a favorable recommendation to the Lewiston City Council for the disposition of a list of city‑owned properties described in its packet. The recommendation was made pursuant to the board’s role under the city’s zoning and land use code (cited in the meeting as Article 7, Section 4(h)).

Why it matters: Disposing of tax‑acquired or city‑owned parcels can return land to the tax rolls, affect adjacent property owners and influence small-area development patterns. Board recommendations inform how the City Council proceeds with marketing, sale method and conditions.

What the board voted to send

A motion was forwarded asking the Planning Board to recommend that the City Council approve the disposition of the attached properties. The board debated questions about individual parcels — including whether each parcel was tax‑acquired, whether liens or back taxes remain and how proceeds are handled under state law — and then voted to forward a favorable recommendation to the Council.

Key clarifications and staff responses discussed at the meeting

- Source data gaps: Staff told the board that the packet labeled several parcels as “tax acquired” but that finance had question marks for some entries on back taxes and acquisition details. For several parcels the spreadsheet showed question marks for lien amounts and years acquired; some parcels had documented due‑process or lien errors that staff said are being reconciled with the county.

- State rules on proceeds: Board members discussed state law and practice on tax‑foreclosure proceeds: the city may recover reasonable fees and the assessed taxes it is owed before remitting excess funds to prior owners. Staff said the City had sought legal counsel and that final disposition steps (including marketing method, price and title assurances) would be addressed as each parcel moves forward.

- Pricing and marketability: Staff noted that for many parcels the city does not have full title or development viability established and that pricing will depend on title research, potential remediation and whether an adjacent property owner is the likely buyer. Some parcels are “paper streets” or very small and may be most useful as lot consolidations.

Board action and vote

The board made a motion to send a favorable recommendation to the City Council pursuant to Article 7 Section 4(h) of the zoning and land use code. The motion passed on a roll-call vote; members on the record voted in favor and the chair declared the motion passed and that the item would move to the City Council for final disposition action.

What board members asked and requested

Board members asked staff to: - Provide clearer evidence of tax acquisition and lien status for each parcel before Council action where records are incomplete. - Confirm whether any parcels contain due‑process or title defects that require legal corrective action prior to sale. - Provide guidance on pricing approach (assessed value, market value or negotiated price) and how any proceeds will flow under state law.

Speakers (selection): Shelley Norton (deputy director, staff), Jonathan Connor (director of planning), multiple Planning Board members including Roger Dupree, Mark Roy, Michael Marcotte and Lucy Bissman.

Ending: The board authorized staff to forward a favorable recommendation to the City Council; staff said further title and tax‑status work and legal review will guide any subsequent marketing or sale.