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  • Acts
  • 2000
  • Chapter 231 AN ACT RELATIVE TO THE DISPOSITION OF CERTAIN PROPERTY IN THE TOWN OF UPTON.

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 asset management and maintenance 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 any improvement located thereon, currently used by the department of environmental management for conservation and recreational purposes for the Upton state forest, in the town of Upton, containing 14,833 square feet, more or less, and as more particularly described below, to Vincent F. Lioce and Kenneth E. Thomas, their successors and assigns, in order that adjacent land of the grantees may conform with current zoning requirements for one single family houselot, 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. The land authorized to be conveyed in this act may not be used to increase building density of adjacent land of the grantees or to create additional subdivision lots.

Said parcel of land is shown on a plan of land entitled "Plan of Land in Upton, Mass., Property of: Lot 2-45: Vincent F. Lioce & Kenneth E. Thomas, Lot 5-37, Parcel A; Commonwealth of Massachusetts, Date: August 27, 1997, Guerriere & Halnon, Inc., Engineering & Land Surveying, 333 West Street, Milford, Mass. 01757," on file with the department of environmental management.

The exact boundaries of the parcel shall be established by the commissioner based on a final land survey to be completed before the conveyance of the parcel.

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

SECTION 3. The grantees 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 conveyance.

SECTION 4. The grantees shall compensate the commonwealth through the transfer of land, or an interest of land, of greater or equal value to the full and fair market value of the property as determined by independent appraisal, or in a sum equal to the full and fair market value of the property as determined by independent appraisal or through some combination thereof. The inspector general shall review and approve the appraisal and the review shall include a review of the methodology utilized for said appraisal. Said inspector general shall prepare a report of his review and file his report with the commissioner 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 asset management and maintenance 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. The 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 shall pay the purchase price in accordance with the terms of the agreement.

SECTION 6. The department of environmental management is hereby authorized to deposit any sum received pursuant to section 4 in the Conservation Trust established pursuant to section 1 of chapter 132A of the General Laws, for the purchase of property for the Blackstone river and canal heritage state park.

Approved August 10, 2000.