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  • Acts
  • 2001
  • Chapter 43 AN ACT AUTHORIZING THE DIVISION OF FISHERIES AND WILDLIFE TO ACQUIRE CONSERVATION RESTRICTIONS TO LANDS OF THE DALTON FIRE DISTRICT.

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 commonwealth, by and through the division of fisheries and wildlife, within the department of fisheries, wildlife and environmental law enforcement, may take, under chapter 79 of the General Laws, or otherwise acquire, and the board of commissioners of the Dalton Fire District may convey, 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 portions of certain parcels of land of said fire district identified in section 2. The parcels were acquired by said fire district for water supply purposes and for extinguishing fires, and other purposes under chapter 137 of the acts of 1884. The conservation restrictions authorized by this act shall allow for the continuation of water supply purposes on all or portions of the parcels. Said conservation restrictions may restrict or regulate, but not unreasonably limit, the acts or uses associated with water supply purposes. Said 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 said fire district, that lawfully exists and is recorded in the appropriate registry of deeds, unless the division of fisheries and wildlife expressly takes the easement or lesser interest through eminent domain under said chapter 79.

SECTION 2. The parcels are identified as follows:

(a) all of the lands, including lands under water, in the town of Windsor as described in certain deeds recorded in the Berkshire Northern district registry of deeds in book 342, page 234; book 484, page 65; book 326, page 458; book 441, page 138; book 427, page 60; book 442, page 284; book 712, page 313; book 320, page 548; book 320, page 549; book 320, page 550; book 320, page 551; book 320, page 552; book 397, page 353; book 397, page 355; book 319, page 226; book 437, page 473; book 339, page 388; book 441, page 45; and book 362, page 143.

(b) all of the lands, including lands under water, in the town of Hinsdale as described in certain deeds recorded in the Berkshire middle district registry of deeds in book 442, page 252; book 443, page 270; book 443, page 269; book 442, page 251; book 443, page 271; book 443, page 268; book 442, page 250; book 476, page 380; book 476, page 386; book 492, page 146; book 598, page 69; book 362, page 143, being the same deed described in subparagraph (a) of this section; and book 496, page 293.

(c) all of the lands, including lands under water, in the town of Peru as described in certain deeds recorded in the Berkshire middle district registry of deeds in book 302, page 611, being the same deed described in subparagraph (b) of this section as recorded in the Berkshire northern district registry of deeds in book 362, page 143; and book 434, page 56.

SECTION 3. This act shall take effect upon its passage.

Approved July 19, 2001.