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The 191st General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE MASSACHUSETTS DEPARTMENT OF TRANSPORTATION TO ACQUIRE CERTAIN PARCELS OF LAND IN THE TOWN OF SOUTHBOROUGH.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the department of capital asset management and maintenance to convey certain parcels of land in the town of Southborough, 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:

(a) Notwithstanding sections 34 to 37 of chapter 7C of the General Laws, the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may convey certain parcels of land or interests therein, currently under the care and control of the department of conservation and recreation and held for watershed protection, conservation and recreation purposes, to the Massachusetts Department of Transportation to be used for highway purposes, subject to the requirements of this act and to such additional terms and conditions consistent with this act as the commissioner of capital asset management and maintenance may prescribe in consultation with the commissioner of conservation and recreation. The parcels of land are shown as: parcel 11-6, containing 1,168 square feet, more or less; parcel 11-8, containing 761 square feet, more or less; Parcel 11-PUE-10, containing 93 square feet, more or less; Parcel 11-PUE-11, containing 71 square feet, more or less; Parcel 11-PUE-12, containing 299 square feet, more or less; and Parcel 11-PUE-24, containing 287 square feet, more or less, on a plan entitled “Massachusetts Department of Transportation Plan of Road In the Town of Southborough Worcester County Altered and Laid Out As a State Highway by the Massachusetts Department of Transportation, Highway Division”, dated May 24, 2017, for Southborough-2017 Alteration, Project File No. 607488, Layout No. 8552, by Greenman-Pedersen, Inc., 181 Ballardvale Street, Suite 202, Wilmington, Massachusetts 01887, and is on file with the chief engineer of the highway division of the Massachusetts Department of Transportation. The exact boundaries of the parcels shall be determined by the commissioner of capital asset management and maintenance. The department of conservation and recreation may issue a license to the Massachusetts Department of Transportation to allow use and occupancy of the parcels for highway purposes and associated construction work while the division of capital asset management and maintenance proceeds to effectuate the conveyances authorized in this act. 

(b) An independent appraisal of the fair market value and value in use of the parcels described in subsection (a) 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. 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 the 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 not less than 15 days prior to the execution of documents affecting the transfers described in said subsection (a).

(c) As consideration for the conveyance of the parcels of land or interests therein as authorized in subsection (a), the Massachusetts Department of Transportation shall: (i) pay 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; or (ii) compensate the commonwealth through the transfer to the department of conservation and recreation of land, an interest in land or funding for the acquisition of land or an interest therein equal to or greater than the value of the highest appraised value as determined under subsection (b); provided, however, that the land or interest in land shall be acceptable to the department of conservation and recreation. Any land or interest in land, whether conveyed by the Massachusetts Department of Transportation or acquired by the department of conservation and recreation, shall be permanently held and managed for watershed protection, conservation and recreation purposes by the department. If the value of the land or interests in land being conveyed to the commonwealth pursuant to this subsection exceeds the appraised value as determined under said subsection (b), neither the division of capital asset management and maintenance nor the department of conservation and recreation shall have any obligation to pay the difference to the Massachusetts Department of Transportation. Any monetary payments paid to the commonwealth as a result of the conveyances authorized in this act shall be deposited in the Conservation Trust established in section 1 of chapter 132A of the General Laws.

(d) The Massachusetts Department of Transportation shall assume all costs associated with engineering, surveys, appraisals, deed preparation and other expenses deemed necessary by the commissioner of capital asset management and maintenance to execute the conveyances authorized in this act.

 

Approved, August 9, 2018.