SECTION 1. Notwithstanding any general or special law to the contrary, lots created for the Native American Indians at Chappaquiddick, Dudley, Gay Head, Herring Pond or Mashpee, and the lots created from the partition of common lands in those former Indian districts, shall be deemed to have been granted in fee simple absolute with no restraint on alienation. If express easements do not exist for such lots, the superior court shall have jurisdiction to establish forty-foot wide ways to a public way over public lands, including land held by any land bank, for vehicular access and underground utilities to such lots. If public lands are not available to provide an express easement to any such lot, new forty-foot wide easements shall be created to the nearest public way by the superior court, with just compensation paid to the servient owner by the dominant estate.