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Session Law

2009

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Chapter 168 AN ACT AUTHORIZING AN EXCHANGE OF CERTAIN PARCELS OF LAND FOR MARTHA'S VINEYARD HOSPITAL.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for an exchange of certain parcels of land for Martha’s Vineyard Hospital, 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 to 40J, inclusive, of chapter 7 of the General Laws, the commissioner of capital asset management and maintenance may, in consultation with the commissioner of mental health, may convey to the Martha’s Vineyard Hospital a certain parcel of land containing 1.7 acres more or less, located on Eastville avenue in the town of Oak Bluffs and shown as lot 151 on Assessor’s Map 4, presently under the care and control of the department of mental health and more particularly described in a deed to the commonwealth recorded in Book 303, Page 516 in the county of Dukes County registry of deeds.

SECTION 2. In consideration for the conveyance authorized in section 1, the commissioner of capital asset management and maintenance shall receive not less than the fair market value of the property to be conveyed. The commissioner may acquire by deed on behalf of the department of mental health, title to certain property located at 364 State road in the town of Tisbury, consisting of 0.38 acres more or less and more particularly described in a deed recorded in Book 565, Page 745 in the county of Dukes County registry of deeds, or such other real property as the commissioner, in consultation with the department of mental health, may deem appropriate. The commissioner shall receive any additional consideration as necessary to make up the difference between the full and fair market value of the parcel of land described in section 1 and the full and fair market value of the parcel to be received as consideration under section 2. The commonwealth shall not be obligated to pay any additional consideration to the grantee. The full and fair market value of both properties shall be determined by the commissioner on the basis of independent appraisals commissioned by said commissioner.
The inspector general shall review and approve any such appraisals, including the methodology utilized for them. The commissioner shall, 30 days before the conveyances authorized in this act, submit the appraisals and a report thereon to the inspector general. The inspector general shall prepare a report of his review and approval of the appraisals and file the report with the commissioner, and copies thereof shall be filed with the house and senate committees on ways and means and with the house and senate chairs of the joint committee on state administration at least 15 days before execution.

SECTION 3. At the option of the commissioner of capital asset management and maintenance, in consultation with the commissioner of mental health, the additional consideration to be paid by Martha’s Vineyard Hospital may be provided by in-kind contribution in the form of goods or services, including construction or renovation services; provided, however, that any such in-kind contributions by the hospital shall be exempt from the General Laws relative to procurement and construction. Any funds paid to the commonwealth for the conveyances authorized in this act shall be deposited into the General Fund.

SECTION 4. Martha’s Vineyard Hospital shall be responsible for all costs that the commissioner of capital asset management and maintenance deems necessary in connection with the conveyances provided for in sections 1 and 2 including, but not limited to, the costs of appraisals, surveys, deeds and other document preparation, recording or filing fees and any other expenses incurred in connection with the conveyances.

Approved November 30, 2009.


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