Whereas
, The deferred operation of this act would
tend to defeat its purpose, which is to
authorize the division of capital asset management and maintenance to convey
certain land in the town of Holden,
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 conservation
and recreation, is hereby authorized, notwithstanding the provisions of the
section 40F and section 40F 1/2 of chapter 7 of the General Laws and any
other general or special law or any rule or regulation to the contrary, to
convey, by deed, a certain parcel of land located in the town of Holden to
John P. and Janet Foley. The parcel is shown as Parcel A on a plan of
land entitled "Plan of Land located on 54 Harris Street, Holden, Massachusetts
owned by John and Janet Foley, dated August 19, 2003 drawn by Land Planning,
Inc. The plan shall be filed with the registry of deeds before such
conveyance is valid. The parcel was originally acquired by the commonwealth
for water supply purposes.
SECTION 2.
The consideration for the conveyance authorized by this
act shall be the full and fair market value of said property based upon an
independent professional appraisal as determined by the commissioner of the
division of capital asset management and maintenance, but the recipients may
convey a watershed preservation restriction and conservation easement on land
owned by them located in the town of Holden to the commonwealth to be under the
care and control of the department of conservation and recreation in the event
that such restriction and easement is of equal or greater value to the parcel
received in section 1. The inspector general shall review and approve the
appraisal. The inspector general shall prepare a report of his review of
the methodology utilized for the appraisal. The inspector general shall
prepare a
report of his review and file the report with said commissioner for submission
to the house and senate committees on ways and means and the chairmen of the
joint committee on state administration in accordance with this act. The
commissioner shall, 30 days before the execution of any agreement authorized
by this act, or any subsequent amendment thereto, 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
15 days of
receipt of any agreement or amendment. The commissioner shall submit the
agreement and any subsequent amendments thereto, 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 15 days prior to execution. Nothing in this act shall prevent a
submission of an appraisal conducted in the 2 years prior to the effective
date of this act from being submitted to said commissioner for his approval or
the inspector general for his review and comment.
SECTION 3.
John P. and Janet Foley shall pay for all costs of the
appraisal, survey and deed preparation for the conveyance of the property and
buildings thereon authorized by this act and shall acquire the property in its
present condition without warranty.
Approved August 9, 2004.