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The 190th General Court of the Commonwealth of Massachusetts


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 capital asset management and maintenance, on behalf of and in consultation with the commissioner of environmental management, may, notwithstanding the provisions of ection 40H of chapter 7 of the General Laws, convey an easement over a certain parcel of land in the town of Dracut currently under the care and control of the department of environmental management for conservation and recreational purposes, as part of the Lowell-Dracut-Tyngsborough State Forest to the town of Dracut, for purposes of planning, constructing and maintaining, repairing and replacing a sewer pipeline, subject to the requirements of sections 2 and 3, and to such additional terms and conditions consistent with this act as said commissioner may prescribe in consultation with said department of environmental management. The interest in land authorized to be conveyed herein may not be used to increase building density of adjacent land of grantees or to create additional subdivision lots. Said herein described parcel of land shall be composed of a 20 foot wide strip of land containing 32,000 square feet or 0.74 acres of land and is shown on plans of land, sheets 7, 8 and 9 entitled "Cross Country From Davis Road", "Cross Country" and "Cross Country and Eldridge terrace" as prepared by Camp, Dresser and McKee. Minor modifications to the property description set forth above may be made in order to conform with a final land survey.

SECTION 2. No instrument conveying, by or on behalf of the commonwealth, the easement described in section 1 shall be valid unless such instrument provides that said easement shall be used for the purposes described in section 1. The instrument shall include a reversionary clause that stipulates that the interest shall revert back to the commonwealth, and assigned to the care and control of the department of environmental management, if the property ceases to be utilized for the express purposes for which it was conveyed.

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

SECTION 4. The grantees shall compensate the commonwealth pursuant to the terms and conditions of a Memorandum of Agreement executed between the department of environmental management and the grantees. Said compensation shall be greater than or equal value to the full and fair market value of the property interest, or its value in use as a sewer pipeline, whichever is greater, as determined by independent appraisal. The grantees of said interest shall pay said compensation in accordance with the terms of the agreement.

The inspector general shall review and approve said appraisal and said review shall include an examination of the methodology used for said appraisal. Said inspector general shall prepare a report of his review and file said report with the commissioner of capital asset management and maintenance for submission to the house and senate committees on ways and means and chairmen of the joint committee on state administration.

SECTION 5. The department of environmental management may, on behalf of the commonwealth, deposit any sum received pursuant to section 4 in the conservation trust established pursuant to section 1 of chapter 132A of the General Laws. Said sum is to be dedicated for use at the Lowell-Dracut-Tyngsborough State Forest.

Approved August 10, 2000.