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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XIX AGRICULTURE AND CONSERVATION
  • CHAPTER 132 FORESTRY
  • Section 34A Sale or exchange of state forest land; rights of way or locations over or across state forests; telephone, telegraph, electric light and power transmission lines and pipe lines for natural gas; revocation of location; hearing; appeal

Section 34A. The commissioner, with the approval of the governor and council, and after a public hearing, may sell or exchange any land acquired by the commonwealth under section thirty or thirty-three, chapter three hundred and forty-four of the acts of nineteen hundred and twenty-one, or chapter four hundred and seventy-eight of the acts of nineteen hundred and eight and amendments thereof or corresponding provisions of later laws, and may in like manner grant rights of way for public highways over any such land, if in his judgment such sale, exchange or grant is advantageous to the commonwealth, and may execute such deeds of conveyance or other papers as may be necessary; and the commissioner may also grant over, across or under any such lands such locations as shall be found by order of the department of public utilities after public hearing to be required by public necessity or convenience for electric light or power transmission lines or pipelines for natural gas, or found by order of the department of telecommunications and cable after public hearing to be required for public necessity or convenience for telephone or telegraph lines, and as in his judgment are necessary and will serve the public interest, and may execute such papers as may be necessary; provided, that no sale or exchange of any land or interest therein acquired by the commonwealth under said chapter four hundred and seventy-eight and its amendments or corresponding provisions of later laws, which is subject to an option of repurchase, and that no grant either of right of way or location over, across or under the same, shall be made unless the holder of such option joins in the sale, exchange or grant.

At the request of the commissioner, and after public hearing, the department of public utilities if a location for electric light or power transmission lines or pipelines for natural gas or the department of telecommunications and cable if a location for telephone or telegraph lines may by order alter or revoke any such location whenever in its opinion the public interest or the rights of the commonwealth so require; provided, that before so doing notice of said hearing shall be given to the grantee of the location and all persons interested, and provided, further, that the grantee or any person interested in such order may appeal therefrom to the governor and council within fourteen days after the filing of a copy of such order as provided in the following paragraph.

The commissioner within fourteen days after granting any such location shall file a copy of the grant of the same, together with a copy of the order of the department of public utilities or the department of telecommunications and cable that the location is required by public necessity or convenience, in the office of the clerk of the town where the location is granted, and the department of public utilities or the department of telecommunications and cable shall file in the office of said clerk any order altering or revoking such location, and the clerk of such town shall receive and record the same.

The commissioner may at any time sell wood, timber or other products of the state forests as the economical management of said forests may require. All moneys received under this section shall be paid into the state treasury.