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The 189th General Court of the Commonwealth of Massachusetts


Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

The town of Falmouth may transfer care, custody and control of a certain parcel of conservation land from the conservation commission to the board of selectmen to be used for the purposes of water resource protection, water supply, open space, conservation and public access to Mares Pond. The parcel is shown as Parcel A on a plan of land entitled "Town of Falmouth, Massachusetts Plan of a Part of Land Acquired Pursuant to Article 1, April 8, 1986 Special Town Meeting Showing Jurisdiction of Board of Selectmen and Conservation Commission" prepared for the public works department of the town of Falmouth, dated January 2, 2002, prepared by William MacKenzie P.L.S.

No document transferring care, custody, control or management of the property described in this act shall be valid unless the document provides that the property shall be used solely for the purposes of a water tower and an appropriate buffer for water resource protection as described in this act. Any such document shall include a reversionary clause stipulating that the property will revert to the Falmouth conservation commission for conservation and open space purposes if the property ceases to be used for the express purposes for which it was transferred.

Approved November 22, 2005.