Session Laws

SECTION 1. Notwithstanding the provisions of section forty H of chapter seven of the General Laws the commissioner of the division of capital planning and operations is hereby authorized to transfer certain easements in certain parcels of land located in the town of Southborough, presently under the care and control of the metropolitan district commission and used as open space. Said easements shall be transferred to the town of Southborough and used for roadway purposes.

SECTION 2. The easements to be transferred are as follows:-

`tcol(*)=2;c1=10,5,tf;c2=30,40,tf `tc1 E-1,*permanent highway easement; E-2,*permanent highway easement; D-1,*permanent drainage easement; TE-1,*temporary construction easement; TE-2,*temporary construction easement; TE-5,*temporary construction easement; TE-6,*temporary construction easement; TE-7,*temporary construction easement; and TE-8,*temporary construction easement. `tcol;end

Said parcels and easements are shown on a plan of land entitled "Sketch plan of M.D.C. Easements Parcel needed for Highway Purposes Town of Southborough", dated November 8, 1994, which is on file with said town.

SECTION<< 3. The sale price paid by the town of Southborough for said easements shall be the full and fair market value of the easements determined by independent appraisal, as described herein. The inspector general shall review and approve said appraisal and said review shall include an examination of the methodology utilized for said appraisal. The inspector general shall prepare a report of his review and file said report with the commissioner for submission to the house and senate committees on ways and means and chairmen of the joint committee on state administration in accordance with section six of this act.

SECTION 4. The town of Southborough or its designee shall be responsible for any costs for appraisals, surveys, and other expenses relating to the transfer of said easements or for any costs and liabilities and expenses of any nature and kind for the development, maintenance or operation of said easements. In the event any easement of land ceases to be used at any time for the purposes contained herein, said easements shall revert to the ownership of the commonwealth, acting by and through its division of capital planning and operations and any further disposition of said parcel of land shall be subject to sections forty E to forty J, inclusive, of chapter seven of the General Laws.

SECTION 5. The sale price paid pursuant to section three shall be deposited in the General Fund of the commonwealth.

SECTION 6. The commissioner shall, thirty days before the execution of any agreement authorized by this act, or any subsequent amendment thereof, submit the agreement or amendment and a report thereon to the inspector general for his review and comment. The inspector shall issue his review and comment within fifteen days of receipt of any agreement or amendment. The commissioner shall submit the agreement and any subsequent amendments thereof, the reports, and the comments of the inspector general, if any, to the house and senate committees on ways and means and the chairmen on the joint committee on state administration at least fifteen days prior to execution.