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Session Law

2006

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Chapter 156 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO GRANT CERTAIN EASEMENTS TO THE TOWN OF PRINCETON OVER LANDS HELD FOR CONSERVATION AND RECREATION PURPOSES.

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, on behalf of and in consultation with the commissioner of conservation and recreation, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, may grant 2 easements in a certain parcel of land, currently under the care and control of the department of conservation and recreation for recreation purposes, to the town of Princeton, for public utility access and purposes, subject to the requirements of sections 2, 3, 4 and 6, and such additional terms and conditions consistent with this act as the commissioner of the division of capital asset management and maintenance may prescribe in consultation with the department of conservation and recreation. The easements are shown on a plan entitled "Princeton Wind Farm Infrastructure Improvements, Princeton, Massachusetts", dated February 25, 2004, and prepared by Epsilon Associates and on plan entitled “Windmill Farm Access Road Plan and Details”, dated March 9, 2004, and prepared by Goldsmith, Prest & Ringwall, Inc. The easements are further described as follows:

The first easement, known as Stage Coach Trail Access Road, may be granted for the purpose of maintaining a gravel access road to the town of Princeton’s wind farm. This easement allows for the right to enter upon and use said Stage Coach Trail Access Road to access land of the town of Princeton, subject to such reasonable conditions as may be imposed by the department of conservation and recreation consistent with any certificate of the secretary of environmental affairs in the matter of EOEA file number 13229. The second easement, known as the overhead wind farm electrical feeder, may be granted for the maintenance, improvement, replacement and operation of wires, pipes, conduits, poles and other appurtenances to convey electricity and telephone communications from Westminster road in Princeton to the town of Princeton’s wind farm. The exact boundaries of the easements shall be determined by the commissioner in consultation with department of conservation and recreation after completion of a survey.

SECTION 2. No instrument granting, by or on behalf of the commonwealth, the easements described in section 1 shall be valid unless such instrument provides that the easements shall be used solely for the purposes described in section 1. The grant of easement shall stipulate that the easements granted thereby shall terminate if the property ceases to be used for the express purpose set forth in the instrument granting the easements.

SECTION 3. The grantees of the easements shall assume the cost of any appraisals, surveys and other expenses deemed necessary by the commissioner of the division of capital management and maintenance for the granting of title or easement.

SECTION 4. The grantees shall compensate the commonwealth through: the transfer of land or an interest of land to the department of conservation and recreation, equal to or greater than the full and fair market value of the property described in section 1, or its value in use as proposed, whichever is greater, as determined by independent appraisal; or, in a sum equal to the full and fair market value of the property or its value in use as proposed, whichever is greater, as determined by independent appraisal; or through some combination thereof, including, but not limited to, extinguishing the town of Princeton’s existing easement over lands under the care, custody and control of the department of conservation and recreation within the town of Princeton. This easement is known as the legal right of way to the wind farm, located on Westminster road in Princeton. The town of Princeton shall also transfer certain lands along the south-east border of its 16 acre wind farm site known as the Harrington trail and such other lands, interests in lands or provision of services as may be set forth in the secretary’s certificate in the matter of EOEA File Number 13229.

SECTION 5. The commissioner of the division of capital asset management and maintenance shall, no later than 30 days before the execution of any grant of easement or agreement authorized by this act, or any subsequent amendment thereof, submit the grant of easement, 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 grant of easement, agreement or amendment. The commissioner of the division of capital asset management and maintenance shall submit the grant of easement or agreement and any subsequent amendments thereof, 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 bonding, capital expenditure and state assets at least 15 days before the execution. The grantees of the property shall transfer the land or interest in land or pay the purchase price, as determined in accordance with section 4, as set forth in the agreement and section 6.

SECTION 6. Any compensation, whether in the form of property or funds, received by the commonwealth pursuant to sections 4 and 5 shall be deposited in the Conservation Trust established pursuant to section 1 of chapter 132A of the General Laws for capital improvements within state forests and parks to enhance conservation, recreation and public access.

Approved July 19, 2006.


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