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  • Acts
  • 1998
  • Chapter 143 AN ACT AUTHORIZING CERTAIN CONVEYANCES IN THE TOWN OF WILBRAHAM.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith certain conveyances, 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. Section 1 of chapter 175 of the acts of 1997 is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Notwithstanding the provisions of sections 40F to 40I, inclusive, of chapter 7 of the General Laws, the division of capital planning and operations shall convey by deed, for consideration in accordance with the procedure established in section 6, land used for open space with the buildings thereon located in the town of Wilbraham under the control of the division of fisheries and wildlife and commonly known as the Wilbraham Game Farm, hereinafter referred to as the property, for use as a public park for recreation, conservation, education, agriculture, including agricultural fairs, and wildlife management purposes, under such use restrictions and environmental protection requirements provided in this act.

SECTION 2. Paragraph (3) of section 6 of said chapter 175 is hereby amended by striking out clause (iv) and inserting in place thereof the following clause:- (iv) the property shall be managed and administered to the extent applicable in accordance with the use guidelines adopted by said town at its annual town meeting of May 1, 1995, including the provisions relating to the annual peach festival, and such use and environmental restrictions as are set forth in sections 1 to 4, inclusive.

SECTION 3. Said chapter 175 is hereby further amended by striking out section 7 and inserting in place thereof the following section:-

Section 7. Upon completion of the conveyance, the owner shall establish a public park in accordance with the vote of the town of Wilbraham annual town meeting of May 1, 1995, to the extent applicable, to be managed and administered in accordance with the use guidelines adopted by said annual town meeting of May 1, 1995, to the extent applicable, and such use and environmental restrictions as are set forth in sections 1 to 4, inclusive; provided, however, that said use guidelines may be amended in substance not inconsistent with the provisions of this act and in the manner applicable to the amendment of zoning by-laws; provided, further, that any revenues accruing to the owner derived from any use or activity on the property may be used solely to further the purposes and uses of the property set forth in section 1 and such revenues shall not inure to the private benefit of any other person or organization; provided, further, that should the property be used or managed by the owner not in accordance with such uses and environmental restrictions as are set forth in said sections 1 to 4, inclusive, and the owner shall not have cured any noncompliant uses within 30 days of receipt of written notice by ten taxable inhabitants of said town or should the owner determine that it is no longer capable or willing to perform its obligations under this act, title to said property shall pass to said town to be used for open space in accordance with such uses and environmental restrictions as are set forth in said sections 1 to 4, inclusive, but said town shall not be liable for any acts, omissions or occurrences arising prior to passage of the title; and provided, further, that should the property, following the transfer of title to said town, be used or managed by said town not in accordance with such uses and environmental restrictions as are set forth in said sections 1 to 4, inclusive, and said town not having cured any noncompliant uses within 30 days of receipt of written notice by ten taxable inhabitants of said town, title to said property shall revert to the care and control of the division of capital planning and operations and any further disposition of said property shall be subject to the provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws. The superior court shall have jurisdiction over any claims that the property is not used or managed in accordance with such uses and environmental restrictions as are set forth in said sections 1 to 4, inclusive. Notwithstanding the provisions of any general or special law to the contrary, the owner shall be deemed not to be a state or municipal agency by virtue of the duties, restrictions or activities imposed or authorized by this section.

SECTION 4. All actions taken with respect to chapter 175 of the acts of 1997 are hereby ratified, validated and confirmed.

Approved May 29, 1998.