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  • Acts
  • 1998
  • Chapter 74 AN ACT AUTHORIZING THE DIVISION OF CAPITAL PLANNING AND OPERATIONS TO CONVEY CERTAIN LAND IN THE CITY OF BOSTON.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to transfer forthwith certain land owned by the commonwealth, 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 is hereby authorized and directed to sell and convey by deed, approved as to form by the attorney general, a certain parcel of land located in the city of Boston, acquired for hospital purposes, to the Forest Hills Cemetery Association to be used for cemetery purposes. Said parcel is shown as Lot A on a plan of land entitled "Subdivision Plan of Land in Boston Massachusetts, West Roxbury District Suffolk County" dated 18 January, 1995, prepared by Guenther Engineering, Inc.

SECTION 2. The consideration paid by the Forest Hills Cemetery Association for said parcel shall be the full and fair market value of the property 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 methodology utilized for said appraisal. Said inspector general shall prepare a report for 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. Said Forest Hills Cemetery Association shall pay said consideration in accordance with the terms of the agreement.

SECTION 3. The Forest Hills Cemetery Association shall be responsible for any costs for appraisals, surveys and other expenses relating to the transfer of the property, or for any costs and liabilities and expenses of any nature and kind for its development, maintenance or operation. In the event said parcel of land ceases to be used at any time for the purposes contained herein, 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 the provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws.

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

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 the 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 execution.

SECTION 6. Notwithstanding the provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws, the commissioner of capital planning and operations is hereby authorized and directed to transfer from the metropolitan district commission the control of 4.8 acres of land, more or less, in the city of Boston, not currently used for any purpose, to the department of correction, for the purpose of constructing a correctional facility as a replacement for the existing correctional facility on the grounds of the former Boston state hospital, said parcel being shown as a "Proposed Lot" on a plan entitled "Property Line Plan", prepared for the Commonwealth of Massachusetts, Division of Capital Planning and Operations, dated July 14, 1993, by Allen & Major Associates, Inc.

Approved April 9, 1998.