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  • Acts
  • 1997
  • Chapter 194 AN ACT AUTHORIZING THE DIVISION OF CAPITAL PLANNING AND OPERATIONS TO CONVEY A CERTAIN PARCEL OF LAND IN THE TOWN OF CLINTON.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the division of capital planning and operations to convey a certain parcel of land in the town of Clinton, 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, as follows:


SECTION 1. The commissioner of the division of capital planning and operations, in consultation with the metropolitan district commission, is hereby authorized, notwithstanding the provisions of section 40H of chapter 7 of the General Laws, to convey for recreation, open space and education purposes by deed, a certain parcel of land located in the town of Clinton, as shown on a plan on file with the metropolitan district commission sheets 16 and 17 of a set of plans entitled "Commonwealth of Massachusetts, Metropolitan Water Works, Wachusett Reservoir-Land Surveys", which plans are Accession #s 3953 and 3954, to the town of Clinton subject to such terms and conditions as the commissioner may prescribe.

SECTION 2. The sale price to be paid by said town of Clinton for the parcel described in section 1 shall be the full and fair market value of the property as determined by 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 shall file said report with the commissioner for submission to the chairmen of the house and senate committees on ways and means and the joint committee on state administration in accordance with section 5.

SECTION 3. The town of Clinton, or its designee, shall be responsible for all costs for appraisals, surveys and other expenses relating to the transfer of said parcel, and for any costs and liabilities and expenses of any nature and kind for the ownership, development, maintenance and operation of said parcel. In the event said parcel of land ceases to be used at any time for the purposes contained herein, or is used for any purpose other than the purpose stated herein, said parcel of land, upon notice by the commissioner of the division of capital planning and operations, shall revert to the care and control of the commonwealth through the division of capital planning and operations and the metropolitan district commission and any further disposition of said parcel shall be subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws.

SECTION 4. The sale price paid pursuant to section 2 shall be deposited in the General Fund of the commonwealth.

SECTION 5. The commissioner shall, 30 days prior to the execution of any agreement authorized by this act or any subsequent amendment thereto, submit the agreement or amendment and a report thereon to the inspector general for his review and comment. The inspector general shall issue his review and comment within 15 days of receipt of any agreement or amendment. The commissioner shall submit the agreement and any subsequent amendment thereto, and the reports together with the comments, if any, of the inspector general, to the chairmen of the house and senate committees on ways and means and to the joint committee on state administration at least 15 days prior to the execution of said agreement.

Approved November 26, 1997.