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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 GRANT CERTAIN EASEMENTS TO THE TOWN OF PLYMOUTH.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the conveyance of certain easements by the commonwealth to the town of Plymouth, 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.  Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or any general or special law to the contrary, the commissioner of capital asset management and maintenance may convey to the town of Plymouth for highway, utility and other purposes as are necessary to carry out the Obery Street Roadway Improvement Project permanent and temporary easements in lands of the commonwealth located on Obery street in the town of Plymouth in the locations approximately shown on a plan, comprised of 26 sheets, entitled “Massachusetts Department of Transportation Highway Division Plan and Profile of Obery Street Roadway Improvements in the Town of Plymouth, Plymouth County, Preliminary Right of Way Plans”, dated 10/2/2011, last rev. 4/25/2018, prepared by Jacobs.  The grant of the easements shall be subject to sections 2 to 4, inclusive, and to such additional terms and conditions as the commissioner of capital asset management and maintenance may reasonably require consistent with this act and the project purposes. Prior to finalizing the transaction or making the conveyances authorized herein, the town, with the consent of the commissioner of capital asset management and maintenance, may make minor modifications to the plan and easement areas in order to carry out this act.

SECTION 2.  The town of Plymouth shall assume all costs associated with engineering, surveys, appraisals, deed preparation and other expenses necessary to execute the conveyances authorized in this act.

SECTION 3.  An independent appraisal of the fair market value and value in use of the easements described in section 1 shall be prepared in accordance with the usual and customary professional appraisal practices by a qualified appraiser commissioned by the commissioner of capital asset management and maintenance. Consideration for the grants of the easements pursuant to section 1 shall be the full and fair market value or the value in proposed use, whichever is greater, as determined by the commissioner of capital asset management and maintenance. The commissioner of capital asset management and maintenance shall submit the appraisal to the inspector general for review and comment. The inspector general shall review and approve the appraisal and the review shall include an examination of the methodology utilized for the appraisal. The inspector general shall prepare a report of such review and file the report with the commissioner of capital asset management and maintenance. After receiving the report, the commissioner shall submit copies of the report to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight at least 15 days prior to the execution of documents affecting the conveyances authorized in said section 1.

SECTION 4.  No instrument executed pursuant to this act shall be valid unless it provides that the easements shall be used solely for the purposes described in section 1. The instruments authorized in said section 1 shall include a reversionary clause that stipulates the easements shall terminate, upon such terms and conditions as the commissioner of capital asset management and maintenance may determine, if the property ceases to be used for the express purposes authorized in this act. Prior to any reversion, the commissioner shall provide notice of any violations to the town of Plymouth and the town may cure the violation to the satisfaction of the division. If any interest reverts to the commonwealth, any further disposition shall be subject to sections 34 to 37, inclusive, of chapter 7C of the General Laws and the prior approval of the general court.

SECTION 5.  Notwithstanding chapter 44B of the General Laws or any general or special law to the contrary, the town of Plymouth, acting by and through its board of selectmen, may  acquire from the county of Plymouth such permanent and temporary easements in certain lands of the county located on Obery street in the town of Plymouth, for highway, utility and other purposes as are necessary to carry out the project described in section 1 in the locations approximately shown on the plan described in said section 1, and may release to the county, upon such terms as the town and the county may agree, the conservation restriction now held by the town of Plymouth and recorded in the Plymouth registry of deeds in book 36713, page 87, to the extent such restriction burdens the lands of the county made subject to the project easements; provided, however, that the conservation restriction shall remain in force and effect for all other portions of the land not impacted by such easements.

SECTION 6.  Upon release of the conservation restriction pursuant to section 5, the town of Plymouth shall place or acquire a conservation restriction consistent with sections 31 to 33, inclusive, of chapter 184 of the General Laws on land of an area at least equal to the area of land subject to the conservation restriction, which land the town may acquire, hold, convey or arrange for conveyance by others. 

SECTION 7.  Chapter 30B of the General Laws and any rights of first refusal held by the commonwealth under section 14 of chapter 34 of the General Laws shall not be applicable to the grant of easements by the county pursuant to section 5 or to the transaction authorized in section 6.

Approved, August 1, 2018