Amendment ID: H4469-1

Amendment 1

No Net Loss

Mr. Downing moves to amend the bill in section 1, by striking out, in lines 3 and 4, the words “certain parcel of land” and inserting in place thereof the following words:- portion of a certain parcel of land identified as “Lot B” in a deed recorded with the Hampshire registry of deeds in book 6125, page 131, such portion to be determined and surveyed by the division of capital asset management and maintenance, with the approval of department of conservation and recreation,”; and further by adding the following section:-

“SECTION 4.  To ensure a no-net-loss of lands protected for conservation and recreation purposes and as a condition of the easement authorized in this act, the grantee shall compensate the commonwealth through the payment of funds or the transfer of land or a conservation restriction upon land to the department of conservation and recreation which shall be equal to or greater than the full and fair market value or value in use, whichever is greater, of its interest under this act as determined by independent appraisal prepared in accordance with the usual and customary professional appraisal practices by a qualified appraiser commissioned by the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation. Any land or interest in land, including any conservation restriction, shall be acceptable to the department of conservation and recreation.  Any sums due under this section shall be paid by the grantee to the department of conservation and recreation for deposit into the Conservation Trust established in section 1 of chapter 132A of the General Laws to be used to acquire land or interests in land for conservation and recreation purposes.”