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Session Law

2006

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Chapter 230 AN ACT AUTHORIZING THE DEPARTMENT OF CONSERVATION AND RECREATION AND THE DEPARTMENT OF FISH AND GAME TO ACQUIRE CONSERVATION RESTRICTIONS IN AND TO PARCELS OF LAND IN THE TOWN OF EGREMONT.

Whereas, The deferred operation of this act would tend to defeat its purpose, which would permit forthwith the commonwealth to acquire interests in land in the town of Egremont, 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 commonwealth, acting by and through the department of fish and game or the department of conservation and recreation, in consultation with the division of capital asset management and maintenance, may take, pursuant to chapter 79 of the General Laws, or otherwise acquire, and the town of Egremont may convey, easements or lesser interests by means of conservation restrictions pursuant to sections 31, 32 and 33 of chapter 184 of the General Laws to ensure the protection of open space, for public recreation and to preserve water supply and wildlife habitat in and to all or a portion of certain parcels of land of the town of Egremont identified in section 2. These parcels were taken or acquired by the town of Egremont for water supply purposes. The conservation restrictions authorized in this section shall allow for the continuation of water supply purposes on all or a portion of the parcels, however the conservation restrictions may restrict or regulate, but not unreasonably limit, the acts or uses associated with conducting the water supply purposes. These conservation restrictions, if taken and not otherwise acquired, shall be subject to any easement or lesser interest in the land held by any person or governmental agency, except for the town of Egremont, that lawfully exists and that is recorded in the appropriate registry of deeds, unless the commonwealth, acting through the department of fish and game or the department of conservation and recreation, expressly takes the easement or lesser interest through eminent domain pursuant to said chapter 79.

SECTION 2. The parcels authorized in section 1 are all or any portion of the lands, including lands under water, in the town of Egremont described in certain deeds recorded in the Berkshire southern district registry of deeds in book 234, page 105 and book 988, page 314.

Approved August 9, 2006.


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