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  • PART I ADMINISTRATION OF THE GOVERNMENT
    (Chapters 1 through 182)
  • TITLE VII CITIES, TOWNS AND DISTRICTS
  • CHAPTER 44B COMMUNITY PRESERVATION
  • Section 12 Real property interest; permanent restriction; management

[ Subsection (a) effective until July 1, 2012. For text effective July 1, 2012, see below.]

  Section 12. (a) A real property interest that is purchased with monies from the Community Preservation Fund shall be bound by a permanent deed restriction that meets the requirements of chapter 184, limiting the use of the interest to the purpose for which it was acquired. The deed restriction shall run with the land and shall be enforceable by the city or town or the commonwealth. The deed restriction may also run to the benefit of a nonprofit, charitable corporation or foundation selected by the city or town with the right to enforce the restriction.

[ Subsection (a) as amended by 2012, 139, Sec. 82 effective July 1, 2012 applicable as provided by 2012, 139, Sec. 218 as amended by 2012, 239, Sec. 48. See 2012, 139, Sec. 229. For text effective until July 1, 2012, see above.]

  (a) A real property interest that is acquired with monies from the Community Preservation Fund shall be bound by a permanent restriction, recorded as a separate instrument, that meets the requirements of sections 31 to 33, inclusive, of chapter 184 limiting the use of the interest to the purpose for which it was acquired. The permanent restriction shall run with the land and shall be enforceable by the city or town or the commonwealth. The permanent restriction may also run to the benefit of a nonprofit organization, charitable corporation or foundation selected by the city or town with the right to enforce the restriction. The legislative body may appropriate monies from the Community Preservation Fund to pay a nonprofit organization created pursuant to chapter 180 to hold, monitor and enforce the deed restriction on the property.

  (b) Real property interests acquired under this chapter shall be owned and managed by the city or town, but the legislative body may delegate management of such property to the conservation commission, the historical commission, the board of park commissioners or the housing authority, or, in the case of interests to acquire sites for future wellhead development by a water district, a water supply district or a fire district. The legislative body may also delegate management of such property to a nonprofit organization created under chapter 180 or chapter 203.