Budget Amendment ID: FY2022-S3-347

ENV 347

CPA Funding for Rail Trails

Messrs. Hinds, Lesser, Barrett, O'Connor, Gomez, Cronin and Velis moved that the proposed new text be amended by inserting at the end thereof the following section:-

SECTION XX. Subsection (b) of section 5 of chapter 44B of the General Laws, as so appearing, is hereby amended by adding the following paragraph:- (4) With respect to land for recreational use, the community preservation committee may recommend and the legislative body of a city or town may approve appropriations from the fund to acquire land, or real property interests therein, held for railroad purposes to be used by the city or town for recreational purposes as a rail trail as defined in section 35A of chapter 82. Notwithstanding subsection (a) of section 12, land, or real property interests therein, acquired pursuant to this paragraph shall remain subject to any property interest, including restrictions or reversionary interests, required to be held by the grantor or the United States pursuant to the federal National Trails System Act of 1968, as amended. Notwithstanding the definition of "real property interest" in section 2, land, or real property interests therein, acquired pursuant to this paragraph shall be considered a real property interest for purposes of this chapter, and a 355 conservation restriction that meets the requirements of sections 31 to33, inclusive, of chapter 184 shall be required.