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  • Acts
  • 2001
  • Chapter 66 AN ACT AUTHORIZING THE COMMONWEALTH TO ACQUIRE CONSERVATION RESTRICTIONS TO LANDS OF THE SPRINGFIELD WATER AND SEWER COMMISSION.

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, in consultation with the commissioner of capital asset management and maintenance, may take in accordance with chapter 79 of the General Laws or otherwise acquire, and the commissioners of the Springfield water and sewer commission may convey, fee interests, easements or lesser interests in land through conservation restrictions under sections 31, 32, and 33 of chapter 184 of the General Laws, to ensure the preservation and protection of wildlife and habitat, and for passive recreation and consistent purposes, in all or a portion of certain parcels of land of the Springfield water and sewer commission identified in section 2. The division shall not exercise the power of eminent domain under this act without the prior written consent of the commissioners of the Springfield water and sewer commission. These parcels were taken or acquired by the Springfield water and sewer commission and used for watershed and water supply purposes. The conservation restrictions authorized in this act shall allow for the continuation of these purposes on all or a portion of the parcels, but these conservation restrictions may restrict or regulate, but not unreasonably limit, the acts or uses associated with continuing these purposes. These 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 Springfield water and sewer commission, that lawfully exists and that is recorded in the appropriate registry of deeds, unless the division of fisheries and wildlife, in consultation with 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 Ludlow as described in certain deeds recorded in the Hampden district registry of deeds in book 306, page 295; book 309, page 356; book 309, page 358; book 309, page 359; book 309, page 360; book 310, page 186; book 310, page 571; book 313, page 59; book 313, page 60; book 313, page 174; book 313, page 175; book 314, page 550; book 314, page 551; book 319, page 524; book 319, page 525; book 319, page 526; book 319, page 527; book 321, page 7; book 328, page 400; book 329, page 412; book 331, page 184; book 332, page 496; book 332, page 518; book 332, page 519; book 332, page 520; book 332, page 522; book 332, page 523; book 346, page 407; book 420, page 379; book 472, page 504; book 472, page 562; book 473, page 55; book 473, page 155; book 476, page 519; book 493, page 335; book 721, page 311; book 724, page 360; book 736, page 212; book 736, page 564; book 1004, page 34; book 1031, page 121; book 1652, page 557; book 1759, page 208; book 2214, page 18; book 2214, page 511; book 2224, page 455; book 2224, page 456; book 2273, page 443; book 2652, page 107; book 2837, page 243; book 5060, page 370; book 5187, page 204; book 5187, page 205; book 5187, page 206; book 5187, page 207; book 5187, page 208; book 5187, page 209; book 5265, page 236; book 6064, page 454; book 6751, page 159; book 10087, page 142; and also meaning to include, although not necessarily covered in its entirety by the above-referenced deeds but surrounded by the lands described therein, the Springfield Reservoir, so called.

(b) all of the lands, including lands under water, in the town of Belchertown as described in certain deeds recorded in the Hampshire district registry of deeds in book 260, page 80; book 315, page 526; book 323, page 382; book 323, page 399; book 324, page 115; book 324, page 168; book 324, page 169; book 328, page 190; book 332, page 520; book 334, page 208; book 354, page 495; book 435, page 123; book 435, page 405; book 435, page 407; book 435, page 409; book 435, page 411; book 435, page 413; book 435, page 421; book 436, page 323; book 436, page 325; book 436, page 327; book 436, page 431; book 436, page 503; book 437, page 47; book 437, page 125; book 437, page 129; book 437, page 131; book 437, page 141; book 437, page 142; book 437, page 225; book 437, page 235; book 438, page 93; book 444, page 199; book 445, page 187; book 445, page 191; book 445, page 193; book 445, page 221; book 445, page 261; book 470, page 251; book 583, page 291; book 584, page 269; book 584, page 281; book 585, page 369; book 586, page 37; book 586, page 281; book 968, page 209; book 5405, page 342.

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

Approved August 10, 2001.