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  • Acts
  • 2004
  • Chapter 264 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN LAND IN THE TOWN OF HOLDEN.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to authorize the division of capital asset management and maintenance to convey certain land in the town of Holden, 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 department of conservation and recreation, is hereby authorized, notwithstanding the provisions of the section 40F and section 40F 1/2 of chapter 7 of the General Laws and any other general or special law or any rule or regulation to the contrary, to convey, by deed, a certain parcel of land located in the town of Holden to John P. and Janet Foley. The parcel is shown as Parcel A on a plan of land entitled "Plan of Land located on 54 Harris Street, Holden, Massachusetts owned by John and Janet Foley, dated August 19, 2003 drawn by Land Planning, Inc. The plan shall be filed with the registry of deeds before such conveyance is valid. The parcel was originally acquired by the commonwealth for water supply purposes.

SECTION 2. The consideration for the conveyance authorized by this act shall be the full and fair market value of said property based upon an independent professional appraisal as determined by the commissioner of the division of capital asset management and maintenance, but the recipients may convey a watershed preservation restriction and conservation easement on land owned by them located in the town of Holden to the commonwealth to be under the care and control of the department of conservation and recreation in the event that such restriction and easement is of equal or greater value to the parcel received in section 1. The inspector general shall review and approve the appraisal. The inspector general shall prepare a report of his review of the methodology utilized for the appraisal. The 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 the chairmen of the joint committee on state administration in accordance with this act. The commissioner shall, 30 days before the execution of any agreement authorized by this act, or any subsequent amendment thereto, submit the agreement or amendment and a report thereon to the inspector general for his review and comment. The inspector general shall issue his review and comment within 15 days of receipt of any agreement or amendment. The commissioner shall submit the agreement and any subsequent amendments thereto, the reports, and the comments of the 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 prior to execution. Nothing in this act shall prevent a submission of an appraisal conducted in the 2 years prior to the effective date of this act from being submitted to said commissioner for his approval or the inspector general for his review and comment.

SECTION 3. John P. and Janet Foley shall pay for all costs of the appraisal, survey and deed preparation for the conveyance of the property and buildings thereon authorized by this act and shall acquire the property in its present condition without warranty.

Approved August 9, 2004.