HOUSE DOCKET, NO. 4501        FILED ON: 1/29/2016

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4422

The Commonwealth of Massachusetts

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PRESENTED BY:

Susannah M. Whipps Lee

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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 Commissioner of Capital Asset Management and Maintenance to convey certain land in the town of New Salem.

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PETITION OF:

HOUSE DOCKET, NO. 4501        FILED ON: 1/29/2016

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4422

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act authorizing the Commissioner of Capital Asset Management and Maintenance to convey certain land in the town of New Salem.

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 38, inclusive, of chapter 7C of the General Laws or any other any general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the department of conservation and recreation, may convey to David Briand of 27 Lovers Lane in New Salem a 0.43 acre parcel of land located in the town of New Salem, which is currently under the control of the department of conservation and recreation and held for watershed and water supply protection purposes, and subject to any additional terms and conditions consistent with this act as the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation may determine. . The parcel is identified as “Parcel One” in a deed recorded July 20, 1971 with the Franklin District Registry of Deeds in Book 1278, Page 404, provided, however, that the conveyance authorized herein shall not include the easement and rights for right of way identified in the deed.  As a condition of the deed or other instrument, any access to the parcel shall be made across other land of the grantee and not land of the commonwealth.

SECTION 2. The consideration for the conveyance authorized in section 1 shall be the full and fair market value or value in use as proposed of the parcel, whichever is greater, as determined by the division of capital asset management and maintenance based upon an independent professional appraisal.  The appraisal required by this section shall be subject to the review and approval of the inspector general and such review shall include an examination of the methodology utilized for the appraisal.  Within 60 days after receiving an appraisal, the inspector general shall prepare a report of such review and file the report with the division of capital asset management and maintenance.  After receiving the inspector general’s report and at least 15 days any agreement or instrument for the conveyance of the parcel is executed, the division shall submit the report to the house and senate committees on ways and means and the house and senate committee on state administration and regulatory oversight.  To ensure a no-net-loss of lands protected for natural resource purposes, all consideration received shall be deposited in the Conservation Trust established in section 1 of chapter 132A of the General Laws and shall be expended by the department of conservation and recreation to acquire lands or interests therein to be held for watershed and water supply protection purposes under the care and control of the department of conservation and recreation and managed by its division of water supply protection.

SECTION 3. Notwithstanding any general or special law to the contrary, David Briand shall be responsible for the costs and expenses of any conveyance made pursuant to section 1 as determined by the commissioner of capital asset management and maintenance including, but not limited to, the costs of any engineering, surveys, appraisals, and deed preparation related to the conveyance and all costs, liabilities and expenses of any nature and kind for its ownership.