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  • Acts
  • 2001
  • Chapter 163 AN ACT PROVIDING A PARTIAL RELEASE OF CERTAIN LAND IN THE TOWN OF COLRAIN FROM THE OPERATION OF AN AGRICULTURAL PRESERVATION RESTRICTION.

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. Under section 40E of chapter 7 and section 32 of chapter 184 of the General Laws, but notwithstanding any other general or special law to the contrary, the commissioner of the division of capital asset management and maintenance, in consultation with the commissioner of food and agriculture, may execute a certificate releasing a portion of that agricultural preservation restriction dated January 4, 1999, and approved by the commissioner of food and agriculture on January 11, 1999, recorded at Franklin registry of deeds, Book 3453, Page 328. The portion is more particularly described as follows:

A certain parcel of land located on the southerly side of Lyonsville Road in Colrain, Franklin county, Massachusetts, shown as Parcel 3 on a plan of land entitled: "Plan of Proposed Relocation of Lyonsville Road and Location of New Highway for a portion of Foundry Village Road, Colrain, County of Franklin, Massachusetts, prepared by Franklin Regional Council of Governments Engineering Program", dated April 27, 1999, and recorded at Franklin county registry of deeds, Plan Book 104, Page 34. The parcel contains approximately 2,100 square feet or 0.048 acres, more or less, according to the recorded plan.

SECTION 2. The parcel described in section 1 to be released shall be used only for the purpose of a permanent highway easement, in connection with and as an integral part of, an acquisition and taking of certain land by eminent domain by the Franklin Regional Council of Governments Executive Committee for the relocation of Lyonsville road in the town of Colrain. The acquisition, taking and relocation is pursuant to the order of layout and taking filed by the Franklin Regional Council of Governments Executive Committee with the Franklin registry of deeds on August 10, 2000 in Book 3662, Page 72, pursuant to chapters 79, 82 and 151 of the General Laws. If the land to be released is not used, or ceases to be used, for this purpose of a permanent highway easement, the agricultural preservation restriction shall be reimposed on the released parcel unless the commonwealth releases or discharges this restriction.

SECTION 3. Except as partially released by this act, the referenced agricultural preservation restriction shall remain in full force and effect.

SECTION 4. This act shall take effect upon its passage.

Approved November 28, 2001.