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 convey a certain parcel of land together with easements across adjacent land for gas transmission facilities in order to ensure the distribution of material gas to certain areas 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, in consultation with the adjutant general, is hereby authorized, notwithstanding the provisions of section thirty-nine and sections forty E to forty L, inclusive, of chapter seven of the General Laws, to convey and grant by deed or deeds, a fee simple of exclusive permanent easement interest in a parcel of land located in the town of Lynnfield, presently under the care and control of the military division together with a thirty foot wide permanent easement and a temporary work space for construction purposes no more than thirty feet wide on each side of said permanent easement to Colonial Gas Company and its successors and assigns all as shown on a plan of land entitled "Proposed Right-of-Way, Commonwealth of Massachusetts, Camp Curtis Guild Property, Essex County, Massachusetts, File No. TB-L12-E270C-900-4, Scale 1"=200'". Said plan is on file with the military division.

Said fee simple parcel and easements shall be used for the installation and maintenance of a gate station facility and related gas transmission lines connecting distribution system of the Colonial Gas Company to the interstate gas pipeline of Tennessee Gas Pipeline Company, together with appliances and appurtenances necessary thereto.

SECTION 2. The provisions of chapter forty A and sections eighty-one K to eighty-one GG, inclusive, of chapter forty-one of the General Laws shall not apply to the conveyance authorized in section one. This exemption shall not apply to any and all other applicable state and local permits required for the construction of the proposed facilities.

SECTION 3. In consideration for the fee simple interest and easements authorized in section one, Colonial Gas Company shall convey to the commonwealth in fee simple a parcel or parcels of land determined to be equivalent to or in excess of the value of the fee simple interest conveyed and easements granted to Colonial Gas Company and approved by the commissioner of the division of capital planning and operations, or, if the division of capital planning and operations so decides, Colonial Gas Company shall pay a fair market value price to be determined by one or more independent appraisals approved by said division with the cost of said appraisal or appraisals to be assumed by the Colonial Gas Company.

The value of the land conveyed by Colonial Gas Company to the commonwealth in consideration for the fee simple interest and easements authorized in section one or, if the division of capital planning and operations so decides the fair market value of the property paid by Colonial Gas Company for the fee simple interest and easements authorized in section one shall be reviewed and approved by the inspector general and said review shall include a review of the methodology utilized for said appraisal.