HOUSE  .   .   .   .   .   .   .  No. 4251

The Commonwealth of Massachusetts
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                            HOUSE OF REPRESENTATIVES, November 15, 2021.                         

The committee on Ways and Means, to whom was referred the Bill authorizing the Division of Capital Asset Management and Maintenance to convey a certain easement in the town of Savoy (House, No. 4088), reports recommending that the same ought to pass with an amendment substituting therefor the accompanying bill (House, No. 4251).

For the committee,

AARON MICHLEWITZ.

        FILED ON: 11/15/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4251

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act authorizing the Division of Capital Asset Management and Maintenance to convey a certain easement in the town of Savoy.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the conveyance of a certain easement in the town of Savoy, 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:
 

(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 commissioner of conservation and recreation, may grant to the town of Savoy, for consideration as provided in subsection (b), an easement for the purposes of installing, operating, maintaining and repairing communications infrastructure enclosed by a security fence, consisting of a guyed wood utility pole and associated wires, anchor rods and wireless internet antennas and an adjacent equipment shelter on a concrete slab, with all rights necessary and incidental thereto, subject to such additional terms and conditions consistent with this act and as the commissioner of capital asset management and maintenance, in consultation with the department of conservation and recreation, may prescribe over certain land currently held in the care, custody and control of the department of conservation and recreation. The easement area is more particularly described as an area of approximately 2,500 square feet located off Tower road approximately 200 feet north of the Savoy fire tower on Borden mountain in the Savoy state forest. The exact boundaries and location of the easement to be granted over the land described in this section shall be determined by the commissioner of capital asset management and maintenance, in consultation with the department of conservation and recreation, after completion of a survey.

(b) In consideration for the easement authorized in subsection (a), the town of Savoy shall compensate the commonwealth through: (i) the transfer of land or an interest in land to the department of conservation and recreation, with a value equal to or greater than the full and fair market value of the easement described in said subsection (a), or its value in use as proposed, whichever is greater, as determined by an independent appraisal; (ii) a sum of money equal to the full and fair market value of the easement or its value in use as proposed, whichever is greater, as determined by an independent appraisal; or (iii) some combination thereof. The commonwealth shall not be obligated to pay any consideration to the town if the appraised value of any parcels or interests conveyed under this subsection exceeds the value of the easement in subsection (a). Any funds received shall be deposited in the Conservation Trust established in section 1 of chapter 132A of the General Laws and shall be expended by the department of conservation and recreation to fund the acquisition of land or an interest therein to be under its care and control for conservation and recreation purposes.

(c) The value of the easement described in subsection (a) and the value of any property interests to be conveyed to the commonwealth pursuant to subsection (b) shall be determined by an independent appraisal prepared in accordance with the usual and customary professional appraisal practice by a qualified appraiser commissioned by the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation. The commissioner of capital asset management and maintenance shall submit any appraisals to the inspector general for review and comment. The inspector general shall review and approve any appraisals and the review shall include an examination of the methodology utilized for the appraisals. The inspector general shall prepare a report of such review and file the report with the commissioner of capital asset management and maintenance for submission by the commissioner of capital asset management and maintenance to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight. The commissioner shall submit copies of the appraisals and the inspector general’s report to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight not less than 15 days before the execution of the instrument effecting the grant of the easement described in subsection (a).

(d) No instrument granting the easement described in subsection (a) shall be valid unless it provides that the easement shall be used solely for the purposes described in said subsection (a). The grant of easement shall stipulate that the easement shall terminate if the property ceases to be used for the express purposes set forth in the instrument granting the easement, upon such terms and conditions as the commissioner of capital asset management and maintenance may determine, following notice of such to the grantee by the division of capital asset management and maintenance and a failure by the grantee to cure the violation to the satisfaction of the division of capital asset management and maintenance.

(e) The town of Savoy shall be responsible for all costs associated with engineering, surveys, appraisals, document preparation and other expenses deemed necessary by the commissioner of capital asset management and maintenance to convey the easement described in subsection (a).