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Session Law

2004

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Chapter 58 AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN LAND TO THE ROXBURY/SOUTH END TENANTS' COUNCIL, INC., D/B/A ROXSE TENANTS COUNCIL.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to convey forthwith a certain parcel of land in the city of Boston for the development of affordable housing, 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 may convey, notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, a certain parcel of commonwealth land located at Melnea Cass Boulevard in the city of Boston, generally shown as parcel 24F on a "Land Transfer Plan, Parcel 24" prepared for the Massachusetts Housing Finance Agency by Bryant Associates, Inc., dated February 25, 1998 to the Roxbury/South End Tenants' Council, Inc., d/b/a Roxse Tenants Council, to facilitate affordable housing development. The parcel will be conveyed by release deed in its existing condition without warranties or representations by the commonwealth. The commissioner shall determine the exact boundaries and acreage of the parcel based upon a survey of the parcel.

SECTION 2. The consideration to be paid by the Roxbury/South End Tenants' Council, Inc., d/b/a Roxse Tenants Council, to the commonwealth for the parcel shall be not less than the full and fair market value for the parcel. The value of the parcel shall be determined by the commissioner of the division of capital asset management and maintenance based upon an independent professional appraisal. The commissioner shall, 45 days before the conveyance authorized by section 1, submit the appraisal and a report theron to the inspector general. The inspector general shall review and approve the appraisal and the review shall include an examination of the methodology used for the appraisal. Within 30 days of receipt of the appraisal, the inspector general shall prepare a report of his review and approval of the appraisal and file the report with the commissioner. The commissioner shall forward copies of the inspector general's report to the house and senate committees on ways and means and to the chairmen of the joint committee on state administration at least 15 days before the conveyance.

SECTION 3. The Roxbury/South End Tenants' Council, Inc., d/b/a Roxse Tenants Council, shall pay all expenses associated with any land survey, appraisal, title examinations, recording fees and any other expenses relating to the conveyance of the parcel, and shall be responsible for all costs, liabilities and expenses of any nature and kind for its ownership.

The deed or other instrument conveying the parcel to the Roxbury/South End Tenants' Council, Inc., d/b/a Roxse Tenants Council and any subsequent deed or deeds of all or a portion of the parcels shall, without limitation, provide that if the parcels cease to be used for the purposes set forth in this act, title to the parcels or to portions of the parcels that are used in violation of this act, shall, at the election of the commonwealth, revert to the commonwealth.

Approved April 1, 2004.

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