Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately authorize the division of capital planning and operations to grant an easement in a certain parcel of land located in the city of New Bedford, 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,
SECTION 1. The commissioner of the division of capital planning and operations is hereby authorized, subject to the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, to convey by deed for fair market value an easement interest in a certain vacant portion of a large parcel of land located in the city of New Bedford, presently under the control of the department of mental health to the New England Telephone Company, subject to the requirements of sections two to eight, inclusive, and to such additional terms and conditions as the commissioner may prescribe, said easement is being shown on a plan entitled "Easement Plan Prepared for New England Telephone Company, Maple Street, New Bedford, MA Scale: 1"-30', dated August 31, 1994, Eagle Surveying & Engineering, Inc., Sandwich, MA.", which shall be recorded with the registry of deeds in the county of Bristol at the time of said conveyance.
SECTION 2. The consideration paid by the New England Telephone Company for said easement shall be the full and fair market value of the easement determined by an independent appraisal, for its use as described herein. The inspector general shall review and approve said appraisal and said review shall include an examination of the methodology utilized for said appraisal. The inspector general shall prepare a report of his review and file said report with the commissioner for submission to the house and senate committees on ways and means and chairmen of the joint committee on state administration in accordance with section eight.
SECTION 3. No such deed or instrument conveying by or on behalf of the commonwealth said easement described in section one shall be valid unless such deed provides that said easement shall be used solely for the purpose of providing telecommunications services to the area.
SECTION 4. In the event said parcel of land ceases to be used at any time for the purposes described in section three, said parcel of land shall revert to the care and control of the division of capital planning and operations and any further disposition of said parcel of land shall be subject to sections forty E to forty J, inclusive, of chapter seven of the General Laws.
SECTION 5. The New England Telephone Company shall assume the costs of appraisals, surveys and any other expenses deemed necessary by the commissioner of the division of capital planning and operations for the granting of said easement.
SECTION 6. The easement conveyed herein shall be confined to the perimeter area of the vacant portion of the parcel of land described in section one of this act.
SECTION 7. The consideration paid pursuant to section two shall be deposited in the General Fund of the commonwealth.
SECTION 8. The commissioner of the division of capital planning and operations shall, thirty days before the execution of any agreement authorized by this act, or any subsequent amendment thereof, submit the agreement, instrument or amendments thereto and a report thereon to the inspector general for his review and comment. The inspector shall issue his review and comment within fifteen days of receipt of any agreement or amendment. Said commissioner shall submit the agreement, instrument and any subsequent amendments thereof, the reports, and the comments of the inspector general, if any, to the house and senate committees on ways and means and the chairmen on the joint committee on state administration at least fifteen days prior to execution.