Session Laws

CHAPTER 288 AN ACT AUTHORIZING THE DIVISION OF CAPITAL PLANNING AND OPERATIONS TO GRANT CERTAIN EASEMENTS TO TENNESSEE GAS PIPELINE COMPANY.

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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately authorize the division of capital planning and operations, to grant additional easements to Tennessee Gas Pipeline Company for the installation of gas transmission lines across lands of the commonwealth, its agencies, and its political subdivisions in order to increase the supply of natural gas and to allow for the conversion of certain wood and coal burning electrical production plants to gas burning plants, it is therefore declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The division of capital planning and operations, acting in consultation with the board of regents of higher education and the board of trustees of state colleges for and on behalf of the commonwealth, is hereby authorized to grant by deed approved as to form by the attorney general, to the Tennessee Gas Pipeline Company, a thirty foot wide permanent easement over a parcel of land located in the town of Lancaster adjacent to an existing easement owned by said Tennessee Gas Pipeline Company over land in said town under the control of said board of regents, together with a temporary work space for construction purposes twenty-five feet wide, immediately adjacent to the area of the proposed permanent easement, as shown on the plan of land described below. The right to use said temporary work space shall expire upon completion of construction. Said land is described in a plan of land entitled "Tennessee Gas Pipeline Company, proposed right-of-way crossing, board of regents of higher education, board of trustees of state colleges, Worcester county, Massachusetts, TB-L12-E268A-100-35", on file with said board of regents of higher education and board of trustees of state colleges, which shall be recorded in the Worcester district registry of deeds in the county of Worcester.

Said easement shall be used for the installation and maintenance of additional gas transmission lines which shall be installed underground, together with appliances and appurtenances necessary thereto.

SECTION 2. The division of capital planning and operations, acting in consultation with the division of fisheries and wildlife for and on behalf of the commonwealth, is hereby authorized to grant by deed approved as to form by the attorney general, to the Tennessee Gas Pipeline Company, a fifteen foot wide permanent easement over a parcel of land located in the town of Bolton adjacent to an existing easement owned by said Tennessee Gas Pipeline Company across land in said town under the control of said division, together with a temporary work space for construction purposes twenty-five feet wide, immediately adjacent to said proposed permanent easement northerly and easterly thereof. The right to use said temporary work space shall expire upon completion of construction. Said land, presently being used for conservation purposes, is described in a plan of land entitled "Tennessee Gas Pipeline Company, Proposed Right-of-Way Crossing, The Commonwealth of Massachusetts, Division of Fisheries & Wildlife Property, Worcester County, Massachusetts, TB-L12-E268A-100-5.00", on file with said division, which shall be recorded in the Worcester district registry of deeds in the county of Worcester.

SECTION 3. The division of capital planning and operations, acting in consultation with the department of environmental management for and on behalf of the commonwealth, is hereby authorized to grant by deed approved as to form by the attorney general, to the Tennessee Gas Pipeline Company, a fifty foot wide permanent easement over a parcel of land located in the town of Douglas and under the control of said department, together with a temporary work space for construction purposes twenty-five feet wide, immediately adjacent to and northeast of said parcel, as shown on the plan of land described below. The right to use said temporary work space shall expire upon completion of construction. Said land, presently being used for conservation and recreation purposes, is described in a plan of land entitled "Tennessee Gas Pipeline Company, Proposed Right-of-Way Crossing, The Commonwealth of Massachusetts Property, Worcester County, Massachusetts, TB-L12-E265E-100-70", on file with said department, which shall be recorded in the Worcester district registry of deeds in the county of Worcester.

SECTION 4. The division of capital planning and operations, acting in consultation with the department of environmental management for and on behalf of the commonwealth, is hereby authorized to grant by deed approved as to form by the attorney general, to the Tennessee Gas Pipeline Company, a fifty foot wide permanent easement over a parcel of land located in the town of Sutton and under the control of the division of forests and parks in said department, together with a temporary work space for construction purposes twenty-five feet wide, immediately adjacent to and northeast of said parcel, as shown on the plan of land described below. The right to use said temporary work space shall expire upon completion of construction. Said land, presently being used for forestry purposes, is described in a plan of land entitled "Tennessee Gas Pipeline Company, Proposed Right-of-Way Crossing, The Commonwealth of Massachusetts Property, Worcester County, Massachusetts, TB-L12-E265E-100-13", on file with said division which shall be recorded in the Worcester district registry of deeds in the county of Worcester.

Said easement shall be used for the installation and maintenance of a twenty inch gas transmission pipeline which shall be installed underground, together with appliances and appurtenances necessary thereto.

SECTION 5. The division of capital planning and operations, acting in consultation with the department of environmental management, for and on behalf of the commonwealth, is hereby authorized to grant by deed approved as to form by the attorney general, to Tennessee Gas Pipeline Company, a twenty foot wide permanent easement over a parcel of land located in the city of Pittsfield adjacent to and in addition to an existing easement owned by said Tennessee Gas Pipeline Company across land in said city under the control of said department, together with a temporary work space for construction purposes twenty-five feet wide, immediately adjacent to said proposed permanent easement northerly and easterly thereof. The right to use said temporary work space shall expire upon completion of construction. Said land, presently being used for forestry purposes, is described in a plan of land entitled "Tennessee Gas Pipeline Company, Proposed Right-of-Way Crossing, The Commonwealth of Mass. Prop. Berkshire County, Massachusetts, TE-L12-E256C-100-31" on file with the department of environmental management, which shall be recorded in the middle district registry of deeds in the county of Berkshire.

SECTION 6. The town of Burlington is hereby authorized to convey to the Tennessee Gas Pipeline Company a permanent easement not more than ten feet wide over a certain parcel of conservation land located in said town together with a temporary work space for construction purposes not more than twenty-five feet wide, immediately adjacent to the area of the proposed permanent easement. The right to use said temporary work space shall expire upon completion of construction. Said land is described in a plan of land entitled "Tennessee Gas Pipeline Company, Proposed Right-of-Way Crossing, the Town of Burlington (Conservation Commission) Property, Middlesex County, Massachusetts, TE-L12-E270C-100-24", on file with the conservation commission of said town, which shall be recorded in the southern district registry of deeds in the county of Middlesex.

SECTION 7. The county of Hampden is hereby authorized to convey to the Tennessee Gas Pipeline Company a twenty-five foot wide permanent easement over a certain parcel of land located in the town of Agawam presently used for public purposes together with a temporary work space for construction purposes twenty-five feet wide, immediately adjacent to the area of the proposed permanent easement. The right to use said temporary work space shall expire upon completion of construction. Said land is described in a plan of land entitled "Tenneco Gas Transportation Company, Proposed Right-of-Way Crossing, The Hampden County Property, Hampden County, Massachusetts, TB-L12-T200-2-247", on file with the county of Hampden, which shall be recorded with the registry of deeds in the county of Hampden.

SECTION 8. The division of capital planning and operations, acting in consultation with the department of fisheries, wildlife and recreational vehicles for and on behalf of the commonwealth, is hereby authorized to grant by deed approved as to form by the attorney general, to the Tennessee Gas Pipeline Company, a thirty-five foot and ten foot wide permanent easement over a parcel of land located in the city of Pittsfield adjacent to an existing easement owned by said Tennessee Gas Pipeline Company over land under the control of the department of fisheries, wildlife and recreational vehicles together with a temporary work space for construction purposes twenty-five feet wide, immediately adjacent to the area of the proposed permanent easement. The right to use said temporary work space shall expire upon completion of construction. Said land, presently being used for conservation and recreation purposes, is described in a plan of land entitled "Tenneco Gas Transportation Company, Proposed Right-of-Way Crossing, The Commonwealth of Massachusetts Department of Fisheries and Wildlife Property, Berkshire County, Massachusetts, T.E.-L12-E256C-100-42.01", on file with said department which shall be recorded in the middle district registry of deeds in the county of Berkshire.

SECTION 9. The division of capital planning and operations, acting in consultation with the department of environmental management for and on behalf of the commonwealth, is hereby authorized to grant by deed approved as to form by the attorney general, to the Tennessee Gas Pipeline Company, a twenty-five foot wide permanent easement over a parcel of land located in the town of Sutton adjacent to an existing easement owned by said Tennessee Gas Pipeline Company over land in said town under the control of said department, together with a temporary work space for construction purposes twenty-five feet wide, immediately adjacent to the area of the proposed permanent easement. The right to use said temporary work space shall expire upon completion of construction. Said land presently under the care, custody and control of said department, is described in a plan of land entitled "Tenneco Gas Transportation Company, Proposed Right-of-Way Crossing, The Commonwealth of Massachusetts Department of Conservation Property, Worcester County, Massachusetts, TB-L12-T200-2-532", on file with said department, which shall be recorded in the Worcester district registry of deeds in the county of Worcester.

SECTION 10. The town of Southampton is hereby authorized to convey to the Tennessee Gas Pipeline Company an eight foot wide permanent easement over a certain parcel of land located in said town presently used for refuse disposal together with a temporary work space for construction purposes twenty-five feet wide. The right to use said temporary work space shall expire upon completion of construction. Said land is described in a plan of land entitled "Tenneco Gas Transportation Company, Proposed Right-of-Way Crossing the Inhabitants of the Town of Southampton Property, Hampshire County, Massachusetts, TB-L12-E260A-100-112", on file with said town, which shall be recorded in the registry of deeds in the county of Hampshire.

SECTION 11. The division of capital planning and operations, acting in consultation with the department of mental health for and on behalf of the commonwealth, is hereby authorized to grant by deed approved as to form by the attorney general, to the Tennessee Gas Pipeline Company, a nine foot and ten foot wide permanent easement over a parcel of land located in the city of Northampton adjacent to an existing easement owned by said Tennessee Gas Pipeline Company under the control of said department, together with a temporary work space for construction purposes twenty-five feet wide, immediately adjacent to the area of the proposed permanent easement, as shown on the plan of land described below. The right to use said temporary work space shall expire upon completion of construction. Said land is described in a plan of land entitled "Tennessee Gas Pipeline Company, Proposed Right-of-Way Crossing, The Commonwealth of Massachusetts, Northampton State Hospital Property, Hampshire County, Massachusetts TB-L12-E-260A-100-17", on file with said department, which shall be recorded with the registry of deeds in the county of Hampshire.

SECTION 12. The city of Peabody is hereby authorized to convey to the Tennessee Gas Pipeline Company a thirty foot wide permanent easement over a certain parcel of recreational land located in said city together with a temporary work space for construction purposes twenty-five feet wide, immediately adjacent to the area of the proposed permanent easement. The right to use said temporary work space shall expire upon completion of construction. Said land is described in a plan of land entitled "Tennessee Gas Pipeline Company, Proposed Right-of-Way Crossing, The City of Peabody Property, Essex County, Massachusetts, TB-L12-E270C-900-116.34", on file with said city, which shall be recorded in the southern district registry of deeds in the county of Essex.

Said easement shall be used for the installation and maintenance of a gas transmission pipeline which shall be installed underground, together with appliances and appurtenances necessary thereto.

SECTION 13. The city of Peabody is hereby authorized to convey to the Tennessee Gas Pipeline Company a thirty foot wide permanent easement over a certain parcel of recreational land located in said city, together with a temporary work space for construction purposes twenty-five feet wide, immediately adjacent to the area of the proposed permanent easement. The right to use said temporary work space shall expire upon completion of construction. Said land is described in a plan of land entitled "Tennessee Gas Pipeline Company, Proposed Right-of-Way Crossing, The City of Peabody Property, Essex County, Massachusetts, TE-L12-E270C-900-117", on file with said city, which shall be recorded in the southern district registry of deeds in the county of Essex.

Said easement shall be used for the installation and maintenance of a gas transmission pipeline which shall be installed underground, together with appliances and appurtenances necessary thereto.

SECTION 14. The city of Peabody is hereby authorized to convey to the Tennessee Gas Pipeline Company a thirty foot wide permanent easement over a certain parcel of land located in said city, presently being used for water conservation purposes, together with a temporary work space for construction purposes twenty-five feet wide, immediately adjacent to the area of the proposed permanent easement. The right to use said temporary work space shall expire upon completion of construction. Said land is described in a plan of land entitled "Tennessee Gas Pipeline Company, Proposed Right-of-Way Crossing, The City of Peabody Property, Essex County, Massachusetts, TB-L12-E270C-900-120", on file with said City of Peabody, which shall be recorded in the southern district registry of deeds in the county of Essex.

Said easement shall be used for the installation and maintenance of a gas transmission pipeline which shall be installed underground, together with appliances and appurtenances necessary thereto.

SECTION 15. The town of Danvers is hereby authorized to convey to the Tennessee Gas Pipeline Company a thirty foot wide permanent easement over a certain parcel of land located in said town, presently being used for refuse disposal purposes, together with a temporary work space for construction purposes twenty-five feet wide, immediately adjacent to the area of the proposed permanent easement. The right to use said temporary work space shall expire upon completion of construction. Said land is described in a plan of land entitled "Tennessee Gas Pipeline Company, Proposed Right-of-Way Crossing, The Town of Danvers Property, Essex County, Massachusetts, TE-L12-E270C-124", on file with said town, which shall be recorded in the southern district registry of deeds in the county of Essex.

Said easement shall be used for the installation and maintenance of a gas transmission pipeline which shall be installed underground, together with appliances and appurtenances necessary thereto.

SECTION 16. In consideration for the easements authorized in sections one to fifteen, inclusive, the Tennessee Gas Pipeline Company shall convey to the respective grantors in fee simple a parcel or parcels of land determined to be equivalent to or in excess of the value of the easements granted or, if all grantors so desire, the Tennessee Gas Pipeline Company shall pay a fair market value price to be determined by one or more independent appraisals approved by said grantors with the costs thereof to be assumed by said Tennessee Gas Pipeline Company.

SECTION 17. Notwithstanding the foregoing provisions, it is recognized that state law prohibits the investment of state pension funds in companies doing business in South Africa or Namibia. It is also the policy of the commonwealth that no state agency shall procure goods or services originating in South Africa or Namibia or from companies doing business in said countries, unless the state purchasing agent or other authorized state agents consider such procurement essential to the needs of the commonwealth. It shall be the policy of the commonwealth that a commissioner or head of a state department may not grant to any person doing business in or with the Republic of South Africa the right to lay, construct, maintain or operate pipe lines through, over, across or under land, water, park, reservation or highway of the commonwealth, its agencies or its political subdivisions.

Sections one to sixteen, inclusive, of this act are hereby considered to be an exception to the aforestated policy.

SECTION 18. The division of capital planning and operations is hereby authorized to execute any deeds or other instruments that may be necessary to effectuate the conveyances authorized in sections six, seven, ten, twelve, thirteen, fourteen, and fifteen.

Approved July 26, 1989.

Session Laws

Acts

1989

CHAPTER 288 AN ACT AUTHORIZING THE DIVISION OF CAPITAL PLANNING AND OPERATIONS TO GRANT CERTAIN EASEMENTS TO TENNESSEE GAS PIPELINE COMPANY.

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