FILED ON: 7/30/2022
HOUSE . . . . . . . . . . . . . . . No. 5150
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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 commissioner of capital asset management and maintenance to convey a certain parcel of land to the town of Salisbury.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the conveyance of certain property to the town of Salisbury, 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. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or any general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the commissioner of mental health, may convey to the town of Salisbury Affordable Housing Trust Fund, for affordable housing purposes, the parcel of land formerly used as a group residence which is now vacant located at 39 Beach road in the town of Salisbury, and described in a deed recorded with the Essex south district registry of deeds in book 10025, page 114.
(b) The deed or other instrument conveying the parcel to the town of Salisbury Affordable Housing Trust Fund shall provide that the parcel shall be used solely for the purpose of affordable housing and shall include a reversionary clause that stipulates that if the parcel ceases at any time to be used for the allowed purpose set forth in this section, title to the parcel shall, at the election of the commonwealth, revert to the commonwealth. The reversionary clause shall be enforceable notwithstanding the time limit set forth in section 7 of chapter 184A of the General Laws.
(c) The consideration for the conveyance of the parcel pursuant to subsection (a) shall be the fair market value of the parcel as determined by the commissioner of capital asset management and maintenance based upon an independent professional appraisal previously obtained by the commissioner, taking into consideration the restriction on the use of the parcel set forth in subsection (b).
SECTION 2. Notwithstanding any general or special law to the contrary, the Salisbury Affordable Housing Trust Fund shall be responsible for all costs and expenses of the conveyance of the land pursuant to section 1 of this act as determined by the commissioner of capital asset management and maintenance, which shall include, but not be limited to, the costs of any engineering, surveys, recording fees and deed preparation related to the conveyance of said parcel to the Salisbury Affordable Housing Trust Fund.