Budget Amendment ID: FY2020-S3-1124

TRP 1124

Bourne Bridge

Mr. deMacedo moved that the proposed new text be amended by inserting after Section 72 the following sections:-

"SECTION XX. Notwithstanding any general or special law to the contrary, the highway division of the Massachusetts Department of Transportation shall immediately take by eminent domain pursuant to chapter 79 of the General Laws a fee interest in the portion of Briarwood road in the town of Bourne which traverses the Commonwealth’s Rail & Transit Division Right of Way, including the bridge at mile post 2-36 and attendant structures, and a permanent easement interest in and to the abutments to the extent necessary to properly complete construction, for all purposes consistent with the emergency rehabilitation and repair of the same for the safety of the public.

SECTION XX. The highway division shall undertake and fund all necessary and immediate repairs required to rehabilitate the portion of Briarwood road taken pursuant to SECTION XX and the bridge at mile post 2-36.

SECTION XX. Notwithstanding any general or special law to the contrary, no permit shall be required from any state or local agency or body for the necessary and immediate repairs contemplated by this act.

SECTION XX. Notwithstanding said chapter 79, no appraisal of damages shall be required before any taking by eminent domain for the purposes of this act. Any appraisals required for the purposes of this act shall be undertaken and funded by the highway division."