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The 191st General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY A CERTAIN PARCEL OF LAND TO THE SALEM REDEVELOPMENT AUTHORITY.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to convey a certain parcel of state owned land, 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. Chapter 462 of the acts of 2016 is hereby repealed.

SECTION 2. (a)(1) Notwithstanding sections 33 to 37, inclusive, of chapter 7C of the General Laws, section 20 of chapter 304 of the acts of 2008, or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may, upon the approval of the Salem Redevelopment Authority, convey a certain parcel of state-owned land, with the buildings thereon, located in the city of Salem to the Salem Redevelopment Authority on terms that may be determined by the commissioner. The parcel and buildings are located at 32 and 34 Federal street and the buildings are the Essex superior courthouse and the county commissioners building. The exact boundaries of the parcels shall be determined by the commissioner of capital asset management and maintenance after completion of a survey. 

(2) Upon conveyance of the property described in this section, the Salem Redevelopment Authority in its issuance of a request for proposals and the selection of a qualified developer to redevelop the buildings shall consider, if compatible with such redevelopment, the creation of a condominium or leasehold estate or other real estate holding interest for transfer or lease to the commonwealth under the care, custody and control of the secretary of the commonwealth upon terms and conditions to be established by the Salem Redevelopment Authority and agreed to by the secretary of the commonwealth. If it is determined that such creation is not feasible or such terms and conditions are not agreed to, as determined by the Salem Redevelopment Authority and the commissioner, the authority may proceed with disposal of the buildings for redevelopment without such transfer or lease.

(b) The commissioner of capital asset management and maintenance shall establish the value of the property described in subsection (a) and shall place notice in the central register of the conveyance, the amount of the transaction and the calculated value and price received.

(c) Consideration for the conveyance under subsection (a) shall be $1, payable at the time of the conveyance. Upon a subsequent conveyance of the property described in said subsection (a) or a portion thereof by the Salem Redevelopment Authority, the Salem Redevelopment Authority shall distribute the gross proceeds of the conveyance, in the following order, to: (i) the commonwealth to reimburse it for costs incurred by the division of capital asset management and maintenance with respect to the property; (ii) the city of Salem for costs incurred by the city with respect to the property; (iii) the Salem Redevelopment Authority for costs incurred by the Salem Redevelopment Authority, if any, for the transaction including, but not limited to, the costs for legal work, survey, title and the preparation of plans and specifications; and (iv) the commonwealth and the Salem Redevelopment Authority in equal shares. 

(d) The commissioner of capital asset management and maintenance may retain or grant rights of way or easements for access, egress, utilities and drainage across the property described in subsection (a) and across other property owned by the commonwealth that is contiguous to the property described in said subsection (a) and may accept such rights of way or easements for access, egress, drainage and utilities as the commissioner considers necessary and appropriate to carry out this act.

(e) The Salem Redevelopment Authority shall bear all costs, if any, for the transactions authorized in this act including, but not limited to, all costs for legal work, survey, title and preparation of plans and specifications; provided, however, that any costs and expenses incurred by the Salem Redevelopment Authority to sell the property shall be paid from the gross proceeds of the sale.

 

Approved, July 27, 2018