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  • Acts
  • 2002
  • Chapter 220 AN ACT AUTHORIZING THE COMMISSIONER OF THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN LAND IN THE TOWN OF WESTBOROUGH.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to transfer forthwith certain land owned by the commonwealth, 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 section 40H of chapter 7 of the General Laws, the commissioner of the division of capital asset management and maintenance may transfer care and control of approximately 12 acres of land currently used for agricultural purposes on the corner of Norse and Glen streets in the town of Westborough to the department of food and agriculture to be preserved under an agricultural preservation restriction pursuant to sections 31, 32 and 33 of chapter 184 of the General Laws. The 12 acres are part of a larger tract of land owned by the commonwealth shown as "Lot 1 43.38 Acres" on a plan entitled "Land in Westborough, Mass. surveyed for the Town of Westborough scale 1"=100' February, 1990".

SECTION 2. Notwithstanding section 40H of chapter 7 of the General Laws, the commissioner of the division of capital asset management and maintenance may sell and convey by deed the remainder of Lot 1 on the plan referred to in section 1 to the town of Westborough for cemetery purposes. The exact boundaries of the remainder of Lot 1 to be sold to the town of Westborough shall be established by the commissioner based on a final land survey to be completed before the conveyance of the remainder.

SECTION 3. The consideration paid by the town of Westborough for the parcel described in section 2 shall be the full and fair market value of the property, determined by independent appraisal, for use as a cemetery. The inspector general shall review and approve the appraisal and his review shall include a review of the methodology used for the appraisal. The inspector general shall prepare a report of his review and file the report with the commissioner of the division of capital asset management and maintenance for submission to the joint committee on state administration in accordance with section 6. The sale price paid as consideration shall be deposited in the General Fund of the commonwealth.

SECTION 4. The town of Westborough shall assume all costs of any engineering, surveys, appraisal, deed preparation and other expenses considered necessary by the commissioner for the conveyance of the property described in section 2 or for any costs and liabilities and expenses of any nature or kind for the development, maintenance or operation thereof, including a certified survey commissioned by the division of capital asset management and maintenance.

SECTION 5. If the parcel described in section 2 ceases to be used at any time for the purposes and uses required by this act, then, upon notice by the commissioner of the division of capital asset management and maintenance, the parcel shall revert to the commonwealth upon terms and conditions as the commissioner may determine.

SECTION 6. Thirty days before the execution of any agreement authorized by this act, or any subsequent amendment thereof the commissioner of the division of capital asset management and maintenance shall submit the agreement or amendment and a report thereon to the inspector general for his review and comment. The inspector general shall issue his review and comment within 15 days of receipt of any agreement or amendment. The commissioner shall submit the agreement and any subsequent amendments thereof, the reports, and the comments of the inspector general, if any, to the house and senate committees on ways and means and the joint committee on state administration at least 15 days before execution of any agreement authorized by this act.

Approved August 7, 2002.