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  • Acts
  • 2000
  • Chapter 325 AN ACT AUTHORIZING THE CONVEYANCE OF REAL PROPERTY BY THE COMMONWEALTH IN THE TOWN OF FALMOUTH.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is forthwith to authorize the conveyance of certain parcels of land, 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. Notwithstanding the provisions of sections 40E to 40I, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of the division of capital asset management and maintenance may convey to the Falmouth Youth Hockey League, Inc., a certain parcel of land located in the town of Falmouth to be used for recreational purposes, consisting of a portion of Parcel D-10-F, acquired from James M. and Hildur E. Pafford in 1956, totaling approximately 21,470 square feet, shown on a plan of land entitled "The Commonwealth of Massachusetts PLAN OF LAND in the Town of Falmouth, Barnstable county, showing land to be conveyed to Falmouth Youth Hockey League, Inc., and Volta Oil Co., Inc." prepared by the department of highways.

SECTION 2. The consideration to be paid by the Falmouth Youth Hockey League, Inc., to the commonwealth shall be the full and fair market value as recreational land. The full and fair market value shall be determined by the commissioner of the division of capital asset management and maintenance based upon an independent professional appraisal. Said commissioner shall, 30 days prior to the conveyance authorized in section 1, submit the appraisal and a report thereon to the inspector general for his review and comment. The review and comment shall include an examination of the methodology utilized for the appraisal. Said inspector general shall prepare a report of his review of the appraisal and file the report with said 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 Falmouth Youth Hockey League, Inc. shall be responsible for any costs for appraisals, survey and other expense relating to the conveyance of the land, and for any costs and liabilities and expenses of any nature and kind for the development, maintenance or operation of the parcel.

SECTION 3. Notwithstanding the provisions of sections 40E to 40I, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of the division of capital asset management and maintenance may convey to Volta Oil Co., Inc. a certain parcel of land located in the town of Falmouth to be used for commercial purposes, the first parcel consisting of a portion of Parcel D-10-F, acquired from James M. and Hildur E. Pafford in 1956, totaling approximately 5,575 square feet shown on a plan of land entitled "The Commonwealth of Massachusetts PLAN OF LAND in the Town of Falmouth, Barnstable county, showing land to be conveyed to Falmouth Youth Hockey League, Inc., and Volta Oil Co., Inc." prepared by the department of highways.

SECTION 4. The consideration to be paid by Volta Oil Co., Inc. to the commonwealth shall be the full and fair market value as commercial land. The full and fair market value shall be determined by the commissioner of the division of capital asset management and maintenance based upon an independent professional appraisal. Said commissioner shall, 30 days prior to the conveyance authorized in section 3, submit the appraisal and a report thereon to the inspector general for his review and comment. The review and comment shall include an examination of the methodology for the appraisal. Said inspector general shall prepare a report of his review of the appraisal and file the report with said 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. Volta Oil Co., Inc., shall be responsible for any costs for appraisals, survey and other expense relating to the conveyance of the land, and for any costs and liabilities and expenses of any nature and kind for the development, maintenance or operation of the parcel.

SECTION 5. Notwithstanding the provisions of sections 40E to 40I, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of the division of capital asset management and maintenance may convey to Volta Oil Co., Inc. a certain parcel of land located in the town of Falmouth to be used for commercial purposes, consisting of Parcel "A", acquired from James M. and Hildur E. Pafford in 1956, totaling approximately 5,764 square feet, shown on a plan of land entitled "The Commonwealth of Massachusetts PLAN OF LAND in the Town of Falmouth, Barnstable county, showing land to be conveyed to Falmouth Youth Hockey League, Inc., and Volta Oil Co., Inc." prepared by the department of highways.

SECTION 6. The consideration to be paid by Volta Oil Co., Inc. to the commonwealth shall be the full and fair market value as commercial land. The full and fair market value shall be determined by the commissioner of the division of capital asset management and maintenance based upon an independent professional appraisal. Said commissioner shall, 30 days prior to the conveyance authorized in section 5, submit the appraisal and a report thereon to the inspector general for his review and comment. The review and comment shall include an examination of the methodology utilized for the appraisal. Said inspector general shall prepare a report of his review of the appraisal and file the report with said 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. Volta Oil Co., Inc., shall be responsible for any costs for appraisals, survey and other expense relating to the conveyance of the land, and for any costs and liabilities and expenses of any nature and kind for the development, maintenance or operation of the parcel.

SECTION 7. If the land in section 1 ceases to be used at any time for the purposes delineated in this act it shall, at the discretion of the commissioner of the division of capital asset management and maintenance, revert back to the care and control of said division of capital asset management and maintenance and any further disposition of said real property land shall be subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws.

Approved November 30, 2000.