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 town of Sandwich may transfer care, custody and
control of 6 parcels of conservation land consisting of 68.45 acres more or
less to the board of selectmen of the
town. Notwithstanding section 16 of chapter 30B of the
General Laws, the board of selectmen may convey the parcels to P.A.
Landers, Inc. upon such terms and conditions as said board may determine,
subject to the terms and conditions set forth in section 2 to be used for
industrial purposes. The parcels are shown as Assessors Map No. 27, Lots 4,
5, 7, 9 and 10 and as Assessors Map No. 32, Lot 57, as shown on a plan
entitled "Landers/Town of Sandwich Land Exchange," dated April 15, 2002,
prepared by Atlantic Design Engineers, L.L.C., filed with the Sandwich town
clerk.
SECTION 2.
No conveyance pursuant to section 1 shall be valid
unless in consideration for such conveyance, the town of Sandwich acquires, for
every acre of land conveyed, at least 2 acres of land now held by P.A.
Landers, Inc., and made up of 6 parcels, shown as Assessors Map No. 27,
Lots 2, 3, 6 and 8 and as Assessors Map No. 33, Lot 61, and as Assessors Map
No. 39, Lot 146, all as shown on the plan referred to in section 2 of this
act, and upon such further terms and conditions as the selectmen shall
determine. The land received in consideration shall be held under the care,
custody, control and management of the conservation commission for conservation
purposes under section 8C of chapter 40 of the General Laws.
SECTION 3.
The consideration to be paid by P.A. Landers, Inc. to the
town of Sandwich shall be equal to or greater than the full and fair market
value for the land to be conveyed by the town to P.A. Landers, Inc. based upon
an independent appraisal of the land. P.A. Landers, Inc. shall be
responsible for any costs for appraisals, surveys and other expenses relating
to the conveyance of the land.
SECTION 4.
This act shall take effect upon its passage.
Approved May 8, 2003.