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  • Acts
  • 2002
  • Chapter 251 AN ACT AUTHORIZING AN EXCHANGE OF CERTAIN LAND BETWEEN THE TOWN OF TEWKSBURY AND THE COMMONWEALTH.

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 sections 40E to 40J, inclusive, of chapter 7 of the General Laws, the commissioner of the division of capital asset management and maintenance may convey by deed to the town of Tewksbury for cemetery and recreation purposes, 2 parcels of land described as parcels (1) and (3) on a plan dated February 14, 2001, by Robert P. Morris, P.L.S.

SECTION 2. Notwithstanding paragraphs (a), (b), and (g) of section 16 of chapter 30B of the General Laws, the town of Tewksbury, acting by and through its board of selectmen may convey to the commonwealth 2 parcels of land presently used for conservation and recreation purposes and described as, parcels (2) and (4) as shown on a plan dated February 14, 2001, by Robert P. Morris, P.L.S.

SECTION 3. The consideration for the conveyances authorized by sections 1 and 2 shall be the full and fair market value of parcels (1) and (3) as described in said section 1, to be conveyed by the commonwealth, minus the full and fair market value of parcels (2) and (4) as described in said section 2, to be conveyed by the town of Tewksbury, based upon 1 or more professional appraisals commissioned by the commissioner of the division of capital asset management and maintenance. Should the full and fair market value of parcels (1) and (3) be determined to be greater than that of parcels (2) and (4) the town of Tewksbury shall pay to the commonwealth the outstanding difference thereof. All money paid to the commonwealth, if any, by the town of Tewksbury shall be deposited in the General Fund of the commonwealth. Should the full and fair market value of parcels (2) and (4) be determined to be greater than that of parcels (1) and (3), the commonwealth shall not pay any value or compensation for the difference to the town of Tewksbury.

The inspector general shall review and approve the appraisal or appraisals, and the review and appraisal shall include an examination of the methodology utilized for the appraisal or appraisals. The inspector general shall prepare a report of his review and approval of the appraisal or appraisals and file the report with the commissioner of the division of capital asset management and maintenance, and copies of the same shall be filed with the house and senate committees on ways and means and with the chairmen of the joint committee on state administration.

SECTION 4. The town of Tewksbury shall be responsible for all costs associated with any appraisal, survey, or other expense incurred by the commonwealth relating to the conveyance authorized by sections 1 and 2.

SECTION 5. Any further disposition of parcels (1) and (3), as described in section 1 and conveyed to the town of Tewksbury by the commonwealth, other than for cemetery and recreation purposes as authorized by this act, shall be subject to chapter 30B and any other applicable chapter of the General Laws.

SECTION 6. This act shall take effect upon its passage.

Approved August 10, 2002.