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SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2124

 

The Commonwealth of Massachusetts

 

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Senate, May 1, 2014.

BILL #:  S1927

BILL STATUS:  Favorable with Amendment

DISSENTERS:

None

ACCOMPANIED BILLS:

None

For the committee,

STEPHEN M. BREWER


SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2124

The committee on Ways and Means, to whom was referred the Senate Bill authorizing the Massachusetts Highway Department to grant certain easements in the town of Petersham  (Senate, No. 1927), reports, recommending that the same ought to pass with an amendment substituting a new draft entitled “An Act authorizing the Massachusetts Department of Transportation to grant an interest in land in the town of Petersham” (Senate, No. 2124).

 

The Commonwealth of Massachusetts

 

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In the Year Two Thousand Fourteen

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An Act authorizing the Massachusetts Department of Transportation to grant an interest in land in the town of Petersham..

 

              Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith  handicap access improvements, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
 

              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 any general or special law to the contrary, the Massachusetts Department of Transportation may transfer or convey by easement or otherwise a parcel of land in the town of Petersham to the care, custody and control of the town of Petersham for the purposes of construction, repair or upgrade to the handicapped access ways to the Petersham town offices. The parcel of land is identified as “parcel 1-LT-1 area about 3,473 S.F.” on the plan entitled “Massachusetts Department of Transportation Plan of Road in the Town of Petersham Worcester County Altered and Laid Out as a State Highway by the Massachusetts Department of Transportation, Highway Division Layout No. 8168” prepared by Sherman and Frydryk, LLC and on file with the chief engineer of the highway division of the Massachusetts Department of Transportation and is a portion of a certain parcel of land acquired for highway purposes by the Massachusetts Department of Transportation as described in an order of taking dated June 10, 1919 and recorded in the Worcester district registry of deeds, in book 3111, page 11.

              SECTION 2. Consideration for the conveyance authorized in section 1 shall be the full and fair market value of the parcel for the use authorized by said section 1, as determined by the commissioner of capital asset management and maintenance based upon an independent professional appraisal, which includes the conditions set forth in said section 1; provided, that the commissioner may accept the findings of a previous appraisal of the parcel conducted by an appraiser.

              SECTION 3. No deed conveying the land identified in section 1 shall be valid unless such deed provides that said land shall be used solely for the purposes described in section 1.

              SECTION 4.  The town of Petersham, or other persons acting on behalf of the town, shall assume the cost of appraisals, surveys and other expenses deemed necessary by the commissioner of the division of capital asset management and maintenance for the conveyance authorized in section 1.

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