Whereas
, The deferred operation of this act would
tend to defeat its purpose, which is
forthwith to authorize a conveyance of certain land by the commissioner of
capital asset management and maintenance to the Shrewsbury Housing Authority,
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 may, notwithstanding section 40F
and section 40F 1/2 of chapter 7 of the General Laws and any other general
or special law or rule or regulation to the contrary, convey by deed a
certain parcel of conservation land in 3 lots to the Shrewsbury Housing
Authority for the purpose of the development of affordable housing for persons
eligible for services of the department of mental retardation. The parcels,
consisting of 4.32 acres,
are shown on a surveying map prepared by Bruce Saluk and Associates of
Marlborough and dated May 14, 2004. The
plan shall
be filed and recorded with the registry of deeds before the conveyance is
valid.
SECTION 2.
The consideration for the conveyance authorized by this
act
shall be the full and fair market value of the parcel based upon an
independent professional appraisal, taking into consideration the intended use
of the land for affordable housing for persons eligible for services of the
department of mental retardation as determined by the commissioner of
capital asset management and maintenance. 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.
Said 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. Said commissioner shall submit the
agreement and any subsequent amendments thereto, the reports, and the comments
of the inspector general 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.
SECTION 3.
The Shrewsbury Housing Authority shall pay for all costs
of the appraisal, survey and deed preparation for the conveyance of the parcel
authorized by this act and shall acquire the property in its present condition
without warranty. The deed or other instrument conveying the parcel to the
Shrewsbury Housing Authority and any subsequent deed or deeds of all or a
portion of the parcel shall, without limitation, provide that if the parcel
ceases to be used for the express purposes set forth in section 1, title to
the parcel or to the portions of the parcel that are used in violation shall,
at the election of the commonwealth, revert to the commonwealth.
Approved August 9, 2004.