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  • Acts
  • 2006
  • Chapter 245 AN ACT AUTHORIZING AN EASEMENT OR LEASE OF LAND BY THE CONSERVATION COMMISSION OF THE TOWN OF FALMOUTH.

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 conservation commission of the town of Falmouth may grant an easement or lease to the United States of America, acting by and through the United States Department of the Army, Army Corp of Engineers, their successors and assigns, to install a ground water extraction well on land under the commission’s jurisdiction off state route 151 in Hatchville, known as the Coonamessett Reservation, upon such terms and conditions as the commission considers appropriate.

SECTION 2. No instrument conveying, by or on behalf of the town of Falmouth, title to the property interest described in section 1, shall be valid unless the instrument provides that the property interest shall be used solely for the purposes described in section 1. The instrument shall include an extinguishment clause that provides that the lease or easement contemplated in section 1 shall terminate if the property interest ceases to be used for the express purposes for which it was conveyed. The instrument shall also require that the grantees shall be responsible for restoring the property to its current baseline condition at the termination of the lease or easement, including the removal of any equipment or infrastructure installed pursuant to the lease or easement.

SECTION 3. In consideration of this conveyance, the town of Falmouth shall receive monetary compensation equal to fair market value as determined by independent appraisal. Any monetary compensation received by the town of Falmouth shall be deposited in the town’s open space fund or other appropriate account for the purpose of the acquisition of property or interests in property dedicated to conservation or recreation purposes.

Approved August 9, 2006.