Session Laws

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 certain easements across lands of the commonwealth, therefore it is hereby 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 commissioner of the division of capital planning and operations is hereby authorized, subject to the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, to convey by deed approved as to form by the attorney general, an easement for up to an eighty-foot wide right-of-way for access and egress over the most northerly portion of a parcel of land located in the town of Lancaster abutting the current New England Power Company right-of-way, to the party hereinafter described, its successors and assigns and all others who may lawfully be entitled, subject to the requirements of this act and to such terms and conditions as the commissioner may prescribe in consultation with the board of regents of higher education and the board of trustees of state colleges.

Such easement may be granted to any abutter of said land in said town of Lancaster if said abutter shall require such easement to gain access to certain materials located on land adjacent to said easement and which materials are used, in whole or in part, for the creation of public works for and on behalf of the commonwealth.

SECTION 2. In the event that the property is not used for the purposes described in section one the property shall revert to the commonwealth.

SECTION 3. In consideration for the use of the easement authorized in section one, the board of regents of higher education and the board of trustees of state colleges may charge any person or entity to whom such easement may be granted the fair market value price for the use thereof, such fair market value price to be determined by one or more appraisals approved by said boards with the cost thereof to be assumed by the grantees thereof.