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  • Acts
  • 2001
  • Chapter 116 AN ACT AUTHORIZING THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT TO ACQUIRE CONSERVATION RESTRICTIONS IN LANDS OF THE TOWN OF HATFIELD AND THE HATFIELD WATER COMMISSION.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is forthwith to create a public park and ensure the preservation of wildlife, 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 may designate that the commissioner of the department of environmental management may act for and on behalf of the commonwealth to take under chapter 79 of the General Laws, or otherwise acquire from the town of Hatfield easements or lesser interests through conservation restrictions under sections 31, 32 and 33 of chapter 184 of the General Laws, for the preservation and protection of wildlife and habitat, and passive recreation and consistent purposes, in all or a portion of certain parcels of land of the town of Hatfield and the Hatfield water commissioners as identified in section 2. The parcels were acquired by the town of Hatfield and the Hatfield water commissioners and used for extinguishing fires and for domestic and other water supply purposes, consistent with chapter 191 of the acts of 1895. The conservation restrictions authorized by this act shall allow for the continuation of water supply purposes on all or a portion of the parcels. The conservation restrictions may restrict or regulate, but not unreasonably limit, the acts or uses associated with water supply purposes. The conservation restrictions, if taken and not otherwise acquired, shall be subject to any easement or lesser interest in land held by any person or governmental agency, except for the town of Hatfield and the Hatfield water commissioners, that lawfully exists and is recorded in the appropriate registry of deeds, unless the commissioner of the department of environmental management, with the written approval of the commissioner of capital asset management and maintenance, expressly takes the easement or lesser interest through eminent domain in accordance with said chapter 79.

SECTION 2. The parcels are identified as follows:

(a) all of the lands, including lands under water, in the town of Hatfield as described in certain deeds recorded in the Hampshire registry of deeds in book 482, page 279; book 482, page 225; book 503, page 299; book 553, page 259; book 554, page 109; book 600, page 245; book 608, page 299; book 692, page 243; book 743, page 310; book 743, page 309; book 743, page 308; book 743, page 311; book 743, page 517; book 804, page 452; book 817, page 500; book 860, page 435; book 866, page 35; book 866, page 36; book 886, page 288; book 886, page 309; book 939, page 121; book 1089, page 262; book 1305, page 328; book 1305, page 329; book 1617, page 128; book 3608, page 244; book 3836, page 9; book 3848, page 103; book 4254, page 266; book 4708, page 150; and, book 5390, page 16.

SECTION 3. Notwithstanding the second sentence of section 3 of chapter 132A of the General Laws, the commissioner of capital asset management and maintenance shall have, subject to the provisions of sections 40E to 40J, inclusive of chapter 7 of the General Laws and after the approval of the general court, in consultation with the commissioner of environmental management, the authority to dispose of any land, easements or lesser interests acquired by this act which the commissioner of the department of environmental management may deem in his judgment can no longer be advantageously used for the preservation and protection of wildlife and habitat, passive recreation and conservation purposes. Any funds generated by any such disposition shall be deposited in the General Fund.

Approved October 19, 2001.