FILED ON: 7/30/2024

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4948

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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

SECTION 1. Pursuant to chapter 3 § 5A of the General Laws, notwithstanding the provisions of any other general or special law to the contrary, the conservation commission of the town of Canton may transfer to the select board of the town of Canton, for general municipal purposes, certain portions of land owned by the town of Canton under the care, custody and control of the conservation commission for conservation purposes and situated in the town of Stoughton, said portions being identified as permanent easements on the Plan entitled “Massachusetts Department of Transportation Highway Division Plan and Profile of Washington Street (Route 138) in the Town of Stoughton, Norfolk County, Accepted Preliminary Right of Way Plans” and being a portion of those parcels described in the assessor’s records of the town of Stoughton as Map 57, Parcel 91 and Map 58, Parcel 1.

SECTION 2. Pursuant to chapter 3 § 5A of the General Laws, notwithstanding the provisions of any other general or special law to the contrary, the board of water commissioners of the town of Canton may transfer to the select board of the town of Canton for general municipal purposes, certain portions of land owned by the town of Canton under the care, custody and control of the board of water commissioners for water supply purposes, situated in the town of Stoughton and identified as permanent easements on the Plan entitled “Massachusetts Department of Transportation Highway Division Plan and Profile of Washington Street (Route 138) in the Town of Stoughton, Norfolk County, Accepted Preliminary Right of Way Plans” being a portion of those parcels described in the assessor’s records of the town of Stoughton as Map 57, Parcels 92 and 93.

SECTION 3. The select board of the town of Canton may grant certain permanent easements on the land identified in section 1 and section 2, to the commonwealth for highway purposes, to support the roadway improvements project being undertaken by the commonwealth for Route 138.

SECTION 4. As mitigation for the transfers described in sections 1, 2 and 3, the Massachusetts Department of Transportation shall provide funding in lieu of replacement land to the town of Canton, which shall be not less than 110 per cent of the fair market value or value in use of the impacted lands, whichever is greater, as determined by an independent appraisal. The town of Canton shall deposit such sum into its Conservation Law Fund and dedicate it solely for the acquisition of land for conservation or water supply purposes. The town of Canton shall use such funds within 3 years to acquire replacement land, which is in a comparable location, of equal or greater natural resource value as determined by the secretary of energy and environmental affairs, and of equal or greater acreage and monetary value, as determined by an independent appraisal of the fair market value or value in use, whichever is greater, of the impacted lands.

SECTION 5. This act shall take effect upon its passage.