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  • Acts
  • 2000
  • Chapter 241 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO GRANT AN EASEMENT TO THE TOWN OF PROVINCETOWN.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to allow forthwith the acquisition of a certain easement by the town of Provincetown, 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 capital asset management and maintenance, in consultation with the department of highways, may convey a permanent utility easement to the town of Provincetown to be used for the purpose of the disposal of municipal wastewater treatment plant effluent, such easement to be in, over and under the land area within the full width of the median strip of the highway known as Route 6 for its full length within the town of Provincetown, from Station 0+00 at the Truro town line to the end of Route 6 within the town of Provincetown at approximately station 188+00, said median strip and highway being shown on the plan entitled, "Plan and Profile of Proposed State Highway Layout in the Town of Provincetown," dated July 21, 1953, prepared by the office of department of public works in the city of Boston and is on file with the department of highways.

SECTION 2. The consideration to be paid by the town of Provincetown to the commonwealth shall be the full and fair market value of the permanent easement described in section 1 for purpose as set forth therein. The full and fair market value shall be determined by the commissioner of capital asset management and maintenance based upon an independent professional appraisal. The inspector general shall review and comment on said appraisal, and said review and comment shall include an examination of the methodology utilized for said appraisal. The commissioner shall, 30 days prior to the conveyance authorized by this act, submit said appraisal and a report thereon to the inspector general. The inspector general shall prepare a report of his review of the appraisal and file said report with the commissioner, and copies of the same shall be filed with the house and senate committees on ways and means and the chairmen of the joint committee on state administration. The town of Provincetown shall be responsible for any costs for appraisals, surveys, and other expenses relating to the conveyance of said land.

SECTION 3. In the event the land described in section 1 ceases to be used at any time for the purposes set forth in this act, said easement shall become null and void and any further disposition shall be subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws and with the prior approval of the general court.

Approved August 10, 2000.