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  • Acts
  • 2003
  • Chapter 114 AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO GRANT AN EASEMENT TO THE COUNTY OF NANTUCKET.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for public recreation and transportation in Nantucket county and to qualify for federal funding before the deadline for applying for such funding, 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 the division of capital asset management and maintenance, in consultation with the commissioner of the department of mental health, may, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, grant, by easement agreement approved as to form by the attorney general, a 460 foot temporary construction easement and a 197 square foot permanent easement, more or less, and shown as TE-15 and PE-15 on a plan entitled "Fairgrounds Road Bicycle Path: 75% Submission" by Copley/Wolff Joint Venture dated May 31, 2001, to Nantucket county over certain property located at 42 Fairgrounds road, in the town of Nantucket. The exact boundaries of the easements shall be determined by the commissioner of capital asset management and maintenance in consultation with the commissioner of mental health after completion of a survey. The easements authorized by this act shall be for the purposes of constructing, maintaining and utilizing the Fairgrounds road bicycle path to provide a safe and enjoyable bicycle and pedestrian link from the Surfside road bicycle path to the proposed Old South road and Milestone road bicycle paths and, in fulfilling the goals of the Intermodal Surface Transportation Efficiency Act, by enhancing Nantucket's multimodal transportation system in an effort to reduce traffic congestion, improve safety and encourage an alternative to the use of private passenger motor vehicles on the island of Nantucket.

SECTION 2. If the easement ceases to be used at any time for the purposes contained in section 1 or is used for any purpose other than the purpose stated in said section 1, the easement shall upon notice by the commissioner of the division of capital asset management and maintenance, revert to the care and control of the commonwealth, and any further disposition of the property shall be subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws and require the prior approval of the general court.

SECTION 3. Nantucket county shall pay for all costs associated with the disposition authorized by this act as determined necessary by the commissioner of the division of capital asset management and maintenance, including the costs of any appraisals or surveys relating to the transfer of said easement.

Approved November 20, 2003.