Whereas
, The deferred operation of this act would
tend to defeat its purpose, which is to
allow forthwith the acquisition of a certain easement by the town of
Provincetown,
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 capital asset
management and maintenance,
in consultation with the department of highways, may
convey a permanent utility easement to the town of Provincetown to
be used for the purpose of the disposal of municipal wastewater treatment plant
effluent, such easement to be in, over and under the land area within the full
width of the median strip of the highway known as Route 6 for its full length
within the town of Provincetown, from Station 0+00 at the Truro town line to
the
end of Route 6 within the town of Provincetown at approximately station
188+00,
said median strip and highway being shown on the plan entitled, "Plan and
Profile
of Proposed State Highway Layout in the Town of Provincetown," dated July 21,
1953, prepared by the office of department of public works in the city of
Boston and is on file with
the department of highways.
SECTION 2.
The consideration to be paid by the town of Provincetown
to the
commonwealth shall be the full and fair market value of the permanent easement
described in section 1 for purpose as set forth therein. The full
and fair market value shall be determined by the commissioner
of capital asset management and maintenance based upon an independent
professional appraisal. The inspector general shall
review and comment on said appraisal, and said review and comment shall include
an examination of the methodology utilized for said appraisal. The
commissioner
shall, 30 days prior to the conveyance authorized by this act, submit said
appraisal and a report thereon to the inspector general. The inspector
general
shall prepare a report of his review of the appraisal and file said report
with
the commissioner, and copies of the same shall be filed with the house and
senate
committees on ways and means and the chairmen of the joint committee on state
administration. The town of Provincetown shall be responsible for any costs
for
appraisals, surveys, and other expenses relating to the conveyance of said
land.
SECTION 3.
In the event the land described in section 1 ceases to be
used at any time for the purposes set forth in this act, said easement
shall become null and void
and any further disposition shall be subject to sections 40E
to 40J, inclusive, of chapter 7 of the General Laws and with the prior
approval of the general court.
Approved August 10, 2000.