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  • Acts
  • 2002
  • Chapter 264 AN ACT AUTHORIZING THE COMMISSIONER OF THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN EASEMENTS IN THE TOWN OF NORTH ANDOVER.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is forthwith to provide a more reliable, economical, environmentally clean and safer supply of electricity for our region, 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. The commissioner of capital asset management and maintenance, in consultation with the commissioner of environmental management, may, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, by deed approved as to form by the attorney general, convey permanent and temporary easements, and any improvements located thereon over, under and through portions of certain parcels of land at the Harold Parker State Forest and located in the town of North Andover which are currently under the control of and used by the department of environmental management for conservation and recreational purposes to Maritimes & Northeast Pipeline, L.L.C., a Delaware limited liability company, its successors and assigns, solely for the purposes of laying, constructing, maintaining, operating, replacing, repairing, abandoning and removing an interstate pipeline and appurtenant facilities for the transmission of natural gas, subject to the provisions of sections 2 to 5 of this act, and to such reasonable additional terms and conditions consistent with this act as the commissioner of said division, in consultation with the commissioner of said department, may prescribe. Said parcels are more particularly described in deeds recorded in the northern district of Essex county registry of deeds at Book 331, Page 217 and at Book 787, Page 214. Said pipeline shall be situated on such land for 1655.73 linear feet in the aggregate, more or less, and the permanent easement to be granted shall apply to 2.23 acres of land in the aggregate, more or less, as more fully described on 6 plans each entitled "Owner-N-/F Commonwealth of Massachusetts" prepared by Northeast & Maritimes Pipeline, L.L.C. and numbered respectively as Dwg. No. ME-P-9101, Dwg. No. ME-P-9101.1, Dwg. No. ME-P-9101.2, Dwg. No. ME-P-9102, Dwg. No. ME-P-9152.1 and Dwg. No. ME-P-9153, which plans are on file with the department of environmental management. Those portions of such plans that identify the temporary easement as "M&N Temporary Easement" shall expire and revert to the commonwealth upon completion of initial pipeline construction and restoration of permanent easement areas. Minor modifications to the easement description set forth in the plans described above may be made in order to conform with a final land survey, as accepted by said department, prior to any conveyance to carry out the purposes of this act.

SECTION 2. There shall be an independent appraisal, or appraisals, of the easements described in section 1 to be conveyed by this act to determine the full and fair market value, or the value in use as proposed, based upon 1 or more professional appraisals as commissioned by the commissioner of capital asset management and maintenance. In order to expedite the conveyances authorized by this act said commissioner may, in consultation with the commissioner of environmental management, accept any appraisal or appraisals of said easements which may have been conducted prior to the effective date of this act and which may have been accepted and agreed to by said department. The grantees of said easements shall compensate the commonwealth an amount greater than, or equal to, the full and fair market value, or the value in use of said easements as proposed, whichever is greater, as determined by said independent appraisal or appraisals. The grantees of said easements shall assume all costs associated with any engineering, surveys, appraisals, deed preparation and other expenses deemed necessary by the commissioner of capital asset management and maintenance to execute the conveyances authorized by this act. All money paid to the commonwealth by Maritimes & Northeast Pipelines, L.L.C. as a result of the conveyance of the easements authorized by this act shall be deposited in the general fund of the commonwealth.

The commissioner of capital asset management and maintenance shall submit said appraisal or appraisals and a report thereon to said inspector general for his review and comment. Said inspector general shall review and approve said appraisal or appraisals, and said review shall include an examination of the methodology utilized for said appraisal or appraisals. The inspector general shall prepare a report of his review and file said report with the commissioner for submission by said commissioner to the house and senate committees on ways and means and the chairmen of the joint committee on state administration. Said commissioner shall submit copies of said appraisals, his report, and the inspector general review and approval, and comments, if any, to the house and senate committees on ways and means and the chairmen of the joint committee on state administration prior to the execution of said conveyances.

SECTION 3. No easement instruments conveying, by or on behalf of the commonwealth, the easements described in section 1 shall be valid unless such instruments provide that said easements shall be used solely for the purposes described in said section 1. The easement instruments shall include a clause which shall state that in the event that said easements cease to be used by Maritimes & Northeast Pipeline, L.L.C. for the purposes described in said section 1 at any time said easements shall revert to the commonwealth under the control of and used by the department of environmental management upon such terms and conditions as the commissioner of the division of capital asset management and maintenance may determine. Should said easements revert to the commonwealth, any further disposition of said easements shall be subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws, and the prior approval of the general court.

Approved August 10, 2002.