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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 CERTAIN LAND TO THE CITY KNOWN AS THE TOWN OF FRANKLIN.

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 city known as the town of Franklin, 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, inclusive, 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 a certain parcel of land, currently under the care and control of the department of conservation and recreation and held for conservation and recreation purposes to the city known as the town of Franklin, to be used for the purposes of landfill capping, solid waste transfer station and recycling center, subject to the requirements of subsections (b) to (e), inclusive, 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 parcel of land contains 4.71 acres, more or less, and is shown on a plan of land entitled "Landfill Site Plan" to be filed with the Norfolk county registry of deeds. Prior to finalizing the transaction or making the conveyance authorized in this subsection, the division of capital asset management and maintenance may make minor modifications to the area and plan in order to carry out the purposes of this act. 

(b) An independent appraisal of the fair market value and value in use of the parcel described in subsection (a) and the parcels described in subsection (c) 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. If the appraised value of the parcel described in said subsection (a) exceeds the value of the parcels described in said subsection (c), the town shall pay the difference to the commonwealth, which shall be deposited in the Conservation Trust established in section 1 of chapter 132A of the General Laws.

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 or appraisals 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 for submission by the commissioner to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight. Said commissioner shall submit copies of the appraisals and the inspector general's review and approval and comments, if any, 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 conveyance described in subsection (a).

(c) As consideration for the grant of the parcel described in subsection (a), the town shall: (i) pay 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 and calculated with regard to its full development potential as assembled with other lands owned or otherwise controlled by the grantee; (ii) convey to the commonwealth, under the care and control of department of conservation and recreation to be held for conservation and recreation purposes under Article 97 of the articles of amendments to the constitution of the commonwealth, a fee interest totaling 29.25 acres, more or less, of 4 town tax title properties identified on the town’s assessor’s map as assessor’s parcels: 306-023; 311-020; 311-019; and 311-018; (iii) grant to the commonwealth under the care and control of department of conservation and recreation a pedestrian access easement over parcel 288-008, as identified on the town’s assessor’s map, and an easement for operational access over parcel 277-006, as identified on the town’s assessor’s map, at a mutually agreed upon location; and (iv) make trail improvements and install fencing and a guardrail at mutually agreed upon locations north of Beaver street.

(d) The town 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 by this act. 

(e) No instrument executed pursuant to this act shall be valid unless it provides that the area conveyed shall be used solely for the purposes described in subsection (a). The instrument authorized in said subsection (a) shall include a reversionary clause that stipulates the property shall revert to the commonwealth and be assigned to the care, custody and control of the department of conservation and recreation, 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 said subsection (a). 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.

Approved, August 9, 2018.