SENATE DOCKET, NO. 125        FILED ON: 1/11/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2010

The Commonwealth of Massachusetts

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PRESENTED BY:

Anne M. Gobi

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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 Brookfield.

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PETITION OF:

SENATE DOCKET, NO. 125        FILED ON: 1/11/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2010

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act authorizing the commissioner of capital asset management and maintenance to convey certain land in the town of Brookfield.

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. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the  department  of the state police, may convey to Mary Faugno-Wiles a parcel of land in the town of Brookfield as replacement land for the conveyance pursuant to subsection (b).  The parcel consists of 35,000 square feet, more or less, and is shown on a plan of land entitled “Map 14 Mill Street Land Swap”, prepared by Summit Engineering & Survey, Inc. and described in a deed recorded in the Worcester registry of deeds at book 2514, page 139. The conveyance shall be subject to such additional conditions and restrictions as the commissioner of capital asset management and maintenance, in consultation with the department of state police, may determine.

(b) As consideration for the conveyance of the parcel of land described in subsection (a), Mary Faugno-Wiles shall convey to the commissioner of capital asset management and maintenance a certain parcel of land to be used for general department of state police purposes on South Maple street in the town of Brookfield consisting of 38,000 square feet, more or less, and shown on the plan of land described in subsection (a) and described in a deed recorded in the Worcester registry of deeds at book 21493, page 111 or such other land or interest in land as the commissioner of capital asset management and maintenance, in consultation with the  department of the state police, may deem appropriate. Any land or interest in land acquired pursuant to this act shall be permanently held and managed for purposes designated by the department of state police.

As further consideration for the conveyance in subsection (a), Mary Faugno-Wiles shall pay the difference between the full and fair market value of the parcel of land described in subsection (a) and the full and fair market value of the parcel described in this subsection. The commonwealth shall not be obligated to pay any consideration to Mary Faugno-Wiles if the full and fair market value of the parcel of land described in this section exceeds the full and fair market value of the parcel described in subsection (a). The full and fair market value of the parcels shall be determined by the commissioner of capital asset management and maintenance on the basis of independent appraisals commissioned by the commissioner.

The inspector general shall review and approve the appraisals, including the methodology utilized in conducting the appraisals. Thirty days prior to the conveyance authorized by this act, the commissioner of capital asset management and maintenance shall submit the appraisals and a report thereon to the inspector general. Not less than 15 days prior to the execution of any documents under this act, the inspector general shall prepare a report of the review and approval of the appraisal and file the report with the commissioner of capital asset management and maintenance, the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight.

Any consideration paid by Mary Faugno-Wiles to the commonwealth for the conveyance authorized by this act shall be deposited into the General Fund.

SECTION 2. Mary Faugno-Wiles shall be responsible for any and all costs that the commissioner of capital asset management and maintenance may deem necessary in connection with the conveyances pursuant to section 1, including, but not limited to, the costs of all appraisals, surveys, deeds and other document preparation, recording or filing fees and any other expenses incurred in connection with the conveyances.