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  • Acts
  • 2002
  • Chapter 293 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY A CERTAIN EASEMENT.

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 may, notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws, convey a permanent easement in land of the commonwealth acquired for educational purposes located in the city of Fitchburg to Francis and Carleta Driscoll. Said easements are shown on a plan of land entitled "Plan of Land in Fitchburg, MA prepared for Murray Brothers Construction, Inc.", dated January 5, 2001 prepared by Whitman & Bingham Associates, Inc.

SECTION 2. The consideration paid by Francis and Carleta Driscoll for the easements shall be the full and fair market value of the property determined by the commissioner of capital asset management and maintenance based upon the independent appraisal, for the use as described herein. The inspector general shall review and approve the appraisal and the review shall include a review of methodology utilized for the appraisal. Said inspector general shall prepare a report of his review and file the report with said commissioner for submission to the house and senate committees on ways and means and chairmen of the joint committee on state administration in accordance with section 5.

SECTION 3. Francis and Carleta Driscoll shall be responsible for any costs for appraisals, surveys and other expenses relating to the transfer of the easements, or for any costs and liabilities and expenses of any nature and kind for their maintenance and operation.

SECTION 4. The sale price paid as consideration pursuant to section 2 shall be deposited in the General Fund.

SECTION 5. The commissioner of capital asset management and maintenance shall, 30 days before the execution of any agreement authorized by this act, or any subsequent amendment thereof, submit the agreement or amendment and a report thereon to the inspector general for his review and comment. Said inspector general shall issue his review and comment within 15 days of receipt of any agreement or amendment. Said commissioner shall submit the agreement and any subsequent amendments thereof, the reports, and the comments of said inspector general, if any, to the house and senate committees on ways and means and the chairmen of the joint committee on state administration at least 15 days before execution.

Approved August 21, 2002.