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Session Law

2008

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Chapter 274 AN ACT AUTHORIZING AND DIRECTING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN LAND IN THE TOWN OF WESTPORT.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to forthwith transfer a certain parcel of land in the town of Westport, 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. Notwithstanding sections 40E through 40J, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the department of conservation and recreation, may convey to Edward Peter Haley a certain parcel of land presently under the control of the department of conservation and recreation located in the town of Westport and shown as Lot B on a survey plan entitled “plan of land prepared for Edward P. Haley of Westport, MA,” which is a portion of lot 121 on the town of Westport assessor’s map 176A, containing 1174.4 square feet or 0.03 acres. The exact boundaries of the parcel shall be determined by the commissioner of capital asset management and maintenance in consultation with the commissioner of conservation and recreation after completion of a survey. The consideration for the conveyance shall be the full and fair market value of the parcel as determined by the commissioner of capital asset management and maintenance, in consultation with the department of conservation and recreation, pursuant to 1 or more independent professional appraisals. This parcel shall be conveyed by deed without warranties or representations by the commonwealth.

SECTION 2.
Notwithstanding any general or special law to the contrary, the inspector general shall review and approve the appraisal required pursuant to section 1. The inspector general shall prepare a report of his review of the methodology utilized for the appraisal and shall file the report with the commissioner of capital asset management and maintenance, the house and senate committees on ways and means and the joint committee on bonding, capital expenditures and state assets. The commissioner of capital asset management and maintenance shall, 30 days before the execution of any conveyance authorized by this act, or any subsequent amendment thereto, submit the proposed conveyance 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 the proposed conveyance or amendment. The commissioner of capital asset management and maintenance shall submit the proposed conveyance or amendment, and the reports and the comments of the inspector general, if any, to the house and senate committees on ways and means and the joint committee on bonding, capital expenditures and state assets at least 15 days before execution of the conveyance.

SECTION 3. Notwithstanding any general or special law to the contrary, Edward Peter Haley shall be responsible for all costs and expenses, including but not limited to, costs associated with any engineering, surveys, appraisals and deed preparation related to the conveyance authorized pursuant to this act as such costs may be determined by the commissioner of capital asset management and maintenance.

SECTION 4. Notwithstanding any general or special law to the contrary, Edward Peter Haley shall sign, as a condition precedent to the conveyance authorized by this act, an agreement with the commissioner of capital asset management and maintenance and with the treasurer of the town of Westport relinquishing any and all rights that Edward Peter Haley, or his heirs, successors or assigns, have or had to any compensation, including any interest which may accrue thereon, from the commonwealth or from the town of Westport as reimbursement for any real estate taxes which were paid on the parcel of land described in section 1 to the town by Edward Peter Haley before the conveyance of said land. Edward Peter Haley shall provide and maintain permanent survey markers that identify the boundaries of the conveyance. All costs and expenses relating to said survey markers shall be the sole responsibility of Edward Peter Haley.

Approved August 6, 2008


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