HOUSE  .   .   .   .   .   .   .  No. 5154

The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, July 31, 2022.                         

The committee on Ways and Means, to whom was referred the Senate Bill authorizing the Division of Capital Asset Management and Maintenance to grant easements to the town of Hubbardston for the reconstruction of the Evergreen Road bridge over Mason Brook (Senate, No. 3073), reports recommending that the same ought to pass with an amendment striking out all after the enacting clause and inserting in place thereof the text contained in House document numbered 5154.

For the committee,

AARON MICHLEWITZ.

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 5154

The Commonwealth of Massachusetts

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

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By striking out all after the enacting clause and inserting in place thereof the following:–
 

(a) Notwithstanding sections 34 to 37, inclusive, of chapter 7C of the General Laws, the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may grant permanent easements over portions of certain parcels of land acquired for water supply purposes in the town of Hubbardston to the town of Hubbardston for completion of a bridge reconstruction project. The portions of land are located adjacent to and under the Evergreen road bridge over Mason brook. The easements shall be used for the repair, reconstruction, operation, maintenance or improvement of the bridge, subject to the requirements of this act and to such additional terms and conditions consistent with this act as the commissioner may prescribe. The portions of land are shown as parcel E-2, containing 340 square feet, more or less, parcel E-3, containing 1,560 square feet, more or less, and parcel E-4, containing 1,210 square feet, more or less, on a plan of land entitled “Easement Plan of Land Evergreen Road Hubbardston, Massachusetts”, dated January 3, 2019, which is on file with the division of capital asset management and maintenance.

(b) As consideration for the easements, the town of Hubbardston shall: (i) transfer to the department of conservation and recreation land or an interest in land of equal or greater acreage and recreational and natural resource value, as determined by the department of conservation and recreation; (ii) pay to the department of conservation and recreation an amount equal to or greater than the fair market value or value in use, whichever is greater, as determined by the appraisal required by paragraph (c); or (iii) a combination of clauses (i) and (ii) as approved by the department of conservation and recreation. If the appraised value of any land or interest in land conveyed under this subsection is of greater value than the appraised value of the interest in land in subsection (a), the commonwealth shall not be obligated to pay the difference. Any payments to the commonwealth pursuant to this subsection shall be deposited in the Conservation Trust established in section 1 of chapter 132A of the General Laws and expended by the department of conservation and recreation to acquire lands or interests in land to be permanently under the care and control of the department of conservation and recreation for water supply purposes.

(c) The commissioner of capital asset management and maintenance shall provide for an independent appraisal of the value of the easements and any land or interest in land proposed to be conveyed by the town of Hubbardston to the department of conservation and recreation as consideration. The appraisal shall be prepared in accordance with the usual and customary professional appraisal practices by a qualified appraiser. The commissioner shall submit any appraisals to the inspector general for review and comment. The inspector general shall review and approve any such appraisals; provided, however, that the review shall include an examination of the methodology utilized for the appraisals. The inspector general shall prepare a report of the review and file the report with the commissioner of capital asset management and maintenance. The commissioner shall submit copies of the appraisals and the inspector general’s review and approval and comments, if any, to the senate and house committees on ways and means and the joint committee on state administration and regulatory oversight not less than 15 days before the execution of any documents effecting the transfers authorized in this act.  

(d) The town of Hubbardston shall be responsible for all costs associated with engineering, surveys, appraisals and deed preparation and any other costs as deemed necessary by the commissioner of capital asset management and maintenance to execute the conveyances authorized in this act.

(e) Any instrument executed pursuant to this act shall provide that the easements shall be used solely for the purposes of this act and shall include a reversionary clause that stipulates that if the property ceases to be used for the express purposes authorized in this act, the property shall revert to the commonwealth on such terms and conditions as the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may determine. Prior to effecting any such reversion, the commissioner of capital asset management and maintenance shall provide the town of Hubbardston with notice of such nonconforming use and an opportunity to cure the violation to the satisfaction of the division. If the town fails to cure the defect to the satisfaction of the division, the property shall revert to the commonwealth and any further disposition thereof shall be subject to sections 34 to 37, inclusive, of chapter 7C of the General Laws and the prior approval of the general court.