SENATE . . . . . . . . . . . . . . No. 2822
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The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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SENATE, June 21, 2024.
The committee on State Administration and Regulatory Oversight, to whom was referred the petitions (accompanied by bill, Senate, No. 2010) of Anne M. Gobi for legislation to authorize the commissioner of capital asset management and maintenance to convey certain land in the town of Brookfield, report the accompanying bill (Senate, No. 2822).
For the committee,
Nick Collins
FILED ON: 6/12/2024
SENATE . . . . . . . . . . . . . . No. 2822
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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 commissioner of capital asset management and maintenance shall submit the appraisal or appraisals to the inspector general for his or her 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 or appraisals. The inspector general shall prepare a report of his or her 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 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 at least 15 days prior to the execution of documents effecting the transfers described in section 1.
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.