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, subject to the provisions of sections forty E to forty I, inclusive, of chapter seven of the General Laws, to convey for consideration described in section two by deed approved to form by the attorney general a permanent easement over land located in the town of Norfolk, presently under the care and control of the department of public health, to the Southwood Community Hospital subject to the requirements of sections two, three and four and to such terms and conditions as said commissioner in consultation with the department of public health, may prescribe. Said easement is shown on a plan entitled "Easement Plan of Land in Norfolk, Mass." dated August 1, 1989 and prepared by Norwood Engineering Co., Inc. which is on file with said division of capital planning and operations.

SECTION 2. The consideration paid by the Southwood Community Hospital for said easement shall be the full and fair market value of the easement determined by an independent appraisal, for its use 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. Said inspector general shall prepare a report of his review and file said report with the commissioner of the division of capital planning and operations 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 seven of this act.

SECTION 3. No deed conveying by or on behalf of the commonwealth the easement described in section one shall be valid unless such deed provides that said easement shall be used for the purpose of laying, maintaining, repairing, replacing and using one or more water lines.

SECTION 4. If the aforementioned purpose described in section three ceases at any time, said easement shall revert to the commonwealth under such terms and conditions as the commissioner of the division of capital planning and operations shall prescribe.

SECTION 5. The recipient of said easement will assume the costs of any appraisals, surveys, and other expenses as deemed necessary by the commissioner of the division of capital planning and operations for the granting of this easement.

SECTION 6. Nothing in the foregoing shall impair the authority of the town of Norfolk to enact zoning by-laws relative to the use of this property nor impair the taxability of such property in accordance with chapter forty A or chapter fifty-nine of the General Laws.

SECTION 7. 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, instrument or amendments thereto and a report thereon to the inspector general for his review and comment. Said 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, instrument and any subsequent amendments thereof, the reports, and the comments of said 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 execution.

SECTION 8. The consideration paid pursuant to section two shall be deposited in the General Fund of the commonwealth.

SECTION 9. This act shall take effect upon its passage.