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Session Law

2009

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Chapter 116 AN ACT AUTHORIZING THE TOWN OF SANDWICH TO EXCHANGE CERTAIN PARCELS OF LAND.

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. For the purposes of remediating the encroachment of a large retaining wall on town land, the board of selectmen of the town of Sandwich may convey a certain parcel of land in the town of Sandwich, upon such terms and conditions as it deems to be in the best interests of the town, to Richard Cunningham and Sarah DeWalt. The land to be conveyed is identified as Parcel “A” on a plan prepared for Richard Cunningham and Sarah DeWalt entitled “Approval Not Required Plan, 8 Water Street, Sandwich, Massachusetts”, dated August 28, 2008 and prepared by Daniel W. MacKenzie, PLS. The plan is on file with the office of the town clerk.

SECTION 2. In consideration for the conveyance authorized in section 1, the town of Sandwich may acquire by deed from Richard Cunningham and Sarah DeWalt a certain parcel of land located in the town of Sandwich and identified as Parcel “B” on the plan described in section 1, which parcel shall be acquired and held for use consistent with Article XCVII of the amendments to the constitution.

As a condition of the conveyance authorized in section 1, Richard Cunningham and Sarah DeWalt shall transfer to the town a parcel of land identified as Parcel “B” on the plan described in section 1 and such parcel shall be dedicated to Article XCVII purposes and under the jurisdiction of the conservation commission. The fair market value of the parcel to be conveyed to the town shall be equal to or greater than the fair market value of the property described in section 1, as determined by an independent appraisal. For the purposes of the appraisal, the fair market value of the property shall be calculated in its highest and best use and, where applicable, as assembled with other lands owned or otherwise controlled by Richard Cunningham and Sarah DeWalt. If there is a disparity in these values in favor of Richard Cunningham and Sarah DeWalt, they shall pay a sum equal to the difference to the town for deposit in its open space fund or otherwise dedicated to open space preservation.

SECTION 3. This act shall take effect upon its passage.

Approved October 22, 2009.


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