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  • Acts
  • 2002
  • Chapter 268 AN ACT AUTHORIZING THE TOWN OF PLYMOUTH TO CONVEY CERTAIN EASEMENTS IN CONSERVATION LAND.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith certain easements and conservation restrictions in the town of Plymouth, 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 division of fisheries and wildlife and the department of environmental management, in consultation with the division of capital asset management and maintenance, may take under chapter 79 of the General Laws certain easements and lesser interests in certain parcels of conservation and town forest land located in the town of Plymouth and described in section 3. Said taking shall not be made without the prior written approval of the town of Plymouth.

SECTION 2. The town of Plymouth may grant certain easements and conservation restrictions to the division of fisheries and wildlife and the department of environmental management in certain parcels of conservation and town forest land described in section 3.

SECTION 3. Said parcels are described as follows:

All of the lands, including lands under water, in the town of Plymouth, as described in assessors Map 70, lot 5, Map #70, lot 5B, Map #70, lot 7, Map #70, lot 8, Map #70, lot 8A, Map #70, lot 14, Map #72, lot 1, Map #72, lot 1B, Map #73, lot 1, Map #73, lot 1C, Map #74, lot 1, Map #74, lot 1-25A, Map #74, lot 2C, Map #74, Lot 2A, Map #74, Lot 2B, Map #87, lot 1, Map #88, lot 7-6, Map #88, lot 43, Map #89A, lot 1, Map #91, lot 2B, Map #91, 2C, Map #91, lot 3 and Map #91, lot 7.

SECTION 4. The conservation restrictions authorized herein shall allow for the continuation of conservation and town forest purposes on all or a portion of the parcels, however said conservation restrictions may restrict or regulate, but not unreasonably limit, the acts or uses associated with conducting conservation and town forest 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 town of Plymouth, that lawfully exists and that is recorded in the appropriate registry of deeds, unless the division of fisheries and wildlife or the department of environmental management expressly takes said easement or lesser interest through eminent domain in accordance with the provisions of said chapter 79.

Approved August 10, 2002.