SENATE DOCKET, NO. 2014        FILED ON: 3/4/2014

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2069

The Commonwealth of Massachusetts

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PRESENTED BY:

Stephen M. Brewer

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act authorizing the transfer of certain parcels of land in the town of Hubbardston.

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PETITION OF:

SENATE DOCKET, NO. 2014        FILED ON: 3/4/2014

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2069

The Commonwealth of Massachusetts

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In the Year Two Thousand Fourteen

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An Act authorizing the transfer of certain parcels of land in the town of Hubbardston.

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 the provisions of 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 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 town of Hubbardston, to be used for general municipal purposes, subject to the requirements of sections 2 through 5, 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 12 acres more or less, and is shown on a plan of land entitled Conceptual Site Plan, revised August 5, 2013, on file with the department of conservation and recreation.  Prior to finalizing the transaction or making the conveyance authorized herein, 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.

SECTION 2.   An independent appraisal of the fair market value and value in use of the parcel 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.  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 for submission by said 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 appraisal, and the inspector general’s review, 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 at least 15 days prior to the execution of documents effecting the transfers described in section 1. 

SECTION 3.  To ensure a no-net-loss of lands protected for natural resource purposes and as a condition of the conveyance authorized in this act, the grantee shall compensate the commonwealth for the interest in land described in section 1 through the transfer to the department of conservation and recreation of land, an interest of land or funding for the acquisition of land or an interest therein equal to or greater than the appraised value as determined under section 2.  The fair market value of any land or interest in land proposed to be conveyed by the grantee to the department shall be included within the appraisal prepared under section 2.  The land, interest in land, or funding must be acceptable to the department of conservation and recreation and any land or interest in land, whether conveyed by the grantee or acquired by the department, shall be permanently held and managed for conservation and recreation purposes by the department. Should the appraised value of any land or interests in land be determined to be greater than the appraised value of the interests in land described in section 1, the commonwealth shall have no obligation to pay the difference to the grantee.  All payments paid to the commonwealth as a result of the conveyances or grants authorized by this act shall be deposited in the Conservation Trust established in section 1 of chapter 132A of the General Laws.

SECTION 4.  The town of Hubbardston 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.

SECTION 5.  The deed or other instrument conveying the parcel described in section 1 to the town of Hubbardston shall provide that if the parcel ceases at any time to be used for the purposes set forth in this act, title to the parcel shall, at the election of the commonwealth, 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 this act.  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.