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The 189th General Court of the Commonwealth of Massachusetts


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. (a) Notwithstanding any general or special law to the contrary, the town of Fairhaven may assess, on those affected properties, betterments for the costs incurred by said town to provide design and construction data to the federal Emergency Management Agency in order to credit the Fairhaven portion of the New Bedford hurricane barrier with protection of certain areas of said town from flood hazard. The costs incurred by said town to provide such data shall include all engineering, legal and other professional fees and all other expenses related thereto.

(b) The betterments shall be assessed to each affected parcel on the basis of the assessed value of the improvements on such parcel and, in the case of an unimproved, buildable parcel, on the basis of the aggregate value of improvements upon all improved parcels assessed hereunder, expressed as a per square foot average of the aggregate improved land area assessed hereunder.

SECTION 2. This act shall take effect upon its passage.

Approved November 19, 2009.