Session Laws

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, notwithstanding the provisions of section forty H of chapter seven of the General Laws, to convey title to, and easements and a right of way in, certain parcels of land currently used by the department of environmental management for forest and open space purposes and located on West Island in the town of Fairhaven, as more particularly described below, to the town of Fairhaven subject to the requirements of sections two and three, and to such additional terms and conditions consistent with this act as the commissioner may prescribe in consultation with the department of environmental management.

Parcel One

Title in fee simple for use as an effluent disposal area to service West Island and for the use and maintenance of related equipment is authorized to be conveyed in the parcel generally shown as lot 203 on the town of Fairhaven assessor's Map 43 and located easterly off of Fir Street.

Containing 4.991 acres, more or less, the exact boundaries of which are to be determined by the commissioner after completion of a survey.

Parcel Two

An easement to install, maintain, repair, replace and operate water quality monitoring wells and similar testing devices is authorized to be conveyed in the parcel generally shown as lot 203 on town of Fairhaven assessor's map 43 and located easterly off of Fir Street.

Containing 18.101 acres, more or less, the exact boundaries of which are to be determined by the commissioner after completion of a survey.

There is excluded from the above described easement the effluent disposal area and a portion of the twenty-foot-wide right of way and underground utility easement area to be hereinafter described.

Parcel Three

An easement to build, maintain, repair and replace a right of way providing access and egress to Parcel One, above, and an underground easement to install, maintain, repair, replace and operate utility services for Parcel One under said right of way, such as sewer, water, electric, telephone and similar underground utility equipment are hereby authorized to be conveyed. The easement area is a portion of lot 203 on town of Fairhaven assessor's map 43, 1,100 feet long and 20 feet wide, more or less, with the exact location of said easement area to be determined by the commissioner after completion of survey.

SECTION 2. No deed conveying by or on behalf of the commonwealth the title, easements or right of way described in section one shall be valid unless such deed provides that said title, easement or right of way shall be used for the purpose described in section one.

SECTION 3. The recipient of said title, easement, and right of way shall assume the cost of any appraisals, surveys, and other expenses deemed necessary by the commissioner of the division of capital planning and operations for the granting of the title, easement and right of way.

SECTION 4. The price paid by the recipient for said title, easement, or right of way shall be the full and fair market value of the property determined by the independent appraisal, for its use as described herein, provided however, that the price shall not exceed eighty thousand dollars. The inspector general shall review and approve said appraisal and said review shall include a review 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 five.

SECTION 5. The commissioner of the division of capital planning and operations 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 general shall issue his review and comment within fifteen days of receipt of any agreement or amendment. The commissioner of the division of capital planning and operations 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 of the joint committee on state administration at least fifteen days prior to the execution. The recipient of said title, easement or right of way shall pay said price in accordance with the terms of the agreement.

SECTION 6. The price paid for said title, easement or right of way pursuant to section four shall be deposited in the General Fund of the commonwealth.