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  • Acts
  • 1998
  • Chapter 244 AN ACT AUTHORIZING THE COMMISSIONER OF THE DIVISION OF CAPITAL PLANNING AND OPERATIONS TO GRANT A PERMANENT EASEMENT TO THE TOWN OF HINSDALE.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is forthwith to authorize the division of capital planning and operations to convey a certain permanent easement across commonwealth property in the town of Hinsdale, 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 department of environmental management, may notwithstanding the provisions of chapter 7 of the General Laws, convey a permanent easement to the town of Hinsdale for the purposes of constructing, operating, maintaining, repairing, and replacing a municipal sewer line over a certain parcel of commonwealth land located in said town currently under the care and control of said department, which parcel is shown on deeds recorded in Berkshire middle district registry of deeds in book 868, pages 506 and 507, subject to such terms and conditions as said commissioner may prescribe. The exact boundaries of said easement shall be determined by said commissioner, based on a survey.

SECTION 2. The town of Hinsdale shall be responsible for all costs for the preparation of the easement, surveys and other expenses relating to the transfer of the easement over said parcel, and for any costs and liabilities and expenses of any nature and kind for the use and operation of the easement area and for the construction, operation, maintenance, repair and replacement of the sewer line. In the event said easement 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 easement, upon notice by the commissioner of the division of capital planning and operations, shall terminate and revert to the care and control of the commonwealth through said division for use by the department of environmental management, and any further disposition of said parcel shall be subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws. In the event of such reverter, said town of Hinsdale shall remain responsible for all liabilities associated with the sewer line, and for all liabilities associated with the use and operation of the easement area prior to its reversion.

Approved August 7, 1998.