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  • Acts
  • 1997
  • Chapter 199 AN ACT AUTHORIZING THE DIVISION OF CAPITAL PLANNING AND OPERATIONS TO CONVEY CERTAIN LAND IN THE TOWN OF HARWICH.

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 is hereby authorized, notwithstanding the provisions of section 40H of chapter 7 of the General Laws, to convey title to a certain parcel of land and structures located thereon currently used by the department of environmental management for conservation and recreational purposes for the Cape Cod Rail Trail, so-called, in the town of Harwich, and as is more particularly described below, to Lawrence F. Carbonneau and Francine M. Carbonneau for purposes of supporting and maintaining the garage and driveway as currently existing, subject to the requirements of sections 2 and 3, and to such additional terms and conditions consistent with this act as the commissioner may prescribe in consultation with the department of environmental management.

Said parcel of land is shown on a plan of land entitled "Plan of Land in Harwich, MA.", prepared For Lawrence Carbonneau, 417 Pleasant Lake Ave., Harwich, on file with the department of environmental management.

Minor modifications to the property description set forth above may be made in order to conform with a completed professional land survey. The costs of any appraisals, surveys or other expenses deemed necessary by said commissioner shall be assumed by the grantees set forth in this section.

SECTION 2. No deed conveying, by or on behalf of the commonwealth, the parcel described in section 1 shall be valid unless such deed provides that said parcel shall be used for the purposes described in said section 1. The deed shall include a reversionary clause that stipulates that the property will revert back to the commonwealth if the property ceases to be utilized for the express purposes for which it was conveyed.

SECTION 3. The grantees of said title shall assume the cost of any appraisals, surveys, and other expenses deemed necessary by the commissioner of the division of capital planning and operations for the granting of the title.

SECTION 4. The grantees shall compensate the department of environmental management in an amount equal to the full and fair market value of the property, as determined by the independent appraisal, for its use as described herein. The inspector general shall review and approve said appraisal and said review shall include a review of the methodology utilized for said appraisal. Said inspector general shall prepare a report of his review and file said report with the commissioner of the division of capital planning and operations 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 5.

SECTION 5. The commissioner of the division of capital planning and operations shall 30 days before the execution of any agreement authorized by this act, or any subsequent amendment thereof, submit the agreement or amendment and a report thereon to said inspector general for his review and comment. Said inspector general shall issue his review and comment within 15 days of receipt of any agreement or amendment. Said commissioner shall submit the agreement and any subsequent amendments thereof, the reports and the comments of said inspector general, if any, to the house and senate committees on ways and means and the chairmen of the joint committee on state administration at least 15 days prior to the execution. The grantees of said parcel shall pay said purchase price in accordance with the terms of the agreement.

SECTION 6. The department of environmental management is hereby authorized to deposit said purchase price in the Second Century Fund established pursuant to section 160 of chapter 151 of the acts of 1996. In lieu of payment of such amount, the department of environmental management may require other land of equal value, as determined by one or more independent appraisals conducted by or for the division of capital planning and operations, to be conveyed to the commonwealth, through its department of environmental management; provided, however, that such exchange is determined by the department of environmental management to be in the best interests of the commonwealth.

Approved November 28, 1997.