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  • Acts
  • 2010
  • Chapter 294 AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO GRANT AN EASEMENT IN CERTAIN LAND TO THE TOWN OF WEST BOYLSTON.

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 40I, inclusive, of chapter 7 of the General Laws, the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may, grant an easement over a certain parcel of land and any improvements thereon, currently under the control of and use by the department of conservation and recreation for watershed and conservation purposes, to the West Boylston Water District, a body corporate established by chapter 352 of the acts of 1933, its grantees, successors and assigns for the purposes of locating, constructing, operating and maintaining a single well or well field and piping, pump stations and other appurtenances associated with a public water supply, including driveway access to the well and pump station and a pipe connection to the municipal water system, to serve the West Boylston public water supply system, subject to the requirements of sections 2 to 7, inclusive, and to such additional terms and conditions consistent with this act as the commissioner of capital asset management and maintenance in consultation with the commissioner of conservation and recreation, may prescribe. The easement shall contain 10 acres more or less and shall be shown on a plan prepared by the West Boylston Water District and approved by the department of conservation and recreation. The plan shall be recorded in the south Worcester district registry of deeds and filed with the department of conservation and recreation. Modification to the plan described above may be made prior to the conveyance in order to carry out the purposes of this act.

SECTION 2. No instrument granting, by or on behalf of the commonwealth, the easement described in section 1 shall be valid unless it provides that the easement shall be used solely for the purposes described in said section 1. The grant of easement shall stipulate that the easement shall terminate if the property ceases to be used for the express purposes set forth in the instrument granting the easement.

SECTION 3. The easement authorized in section 1 shall be granted only if the grantee agrees to assume the cost of any appraisals, surveys and other expenses deemed necessary by the commissioner of capital asset management and maintenance for the transactions contemplated by this act.

SECTION 4. In consideration for the grant authorized in section 1, the grantee shall compensate the commonwealth through: (i) the transfer of land, development rights or an interest in land to the department of conservation and recreation, with a valve equal to or greater than the full and fair market value of the easement described in said section 1, or its value in use as proposed, whichever is greater, as determined by independent appraisal; (ii) in a sum equal to the full and fair market value of the easement or its value in use as proposed, whichever is greater, as determined by independent appraisal; or (iii) through some combination thereof. The exact boundaries of the property interests to be conveyed to the commonwealth 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.

SECTION 5. To ensure a no-net-loss of lands protected for natural resource purposes, the West Boylston Water District shall convey or cause to be conveyed to the commonwealth lands or interest in lands to be held by the department of conservation and recreation for conservation or recreation purposes. The land or interest in land shall be of equal or greater size and resource values than the easement described in section 1, as determined by independent appraisal.

SECTION 6. The value of the easement described in section 1 and the value of the property interests received by the commonwealth shall be as determined by an independent appraisal prepared in accordance with the usual and customary professional appraisal practice by a qualified appraiser commissioned by the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation.
The commissioner of capital asset management and maintenance shall submit the appraisal to the inspector general for the inspector general’s review and comment. The inspector general shall review and approve the appraisal and the review shall include an examination of the methodology utilized for the appraisal. The inspector general shall prepare a report of his review and file the report with the commissioner of capital asset management and maintenance for submission by the commissioner to the house and senate committees on ways and means and the chairmen of the joint committee on state administration and regulatory oversight. The commissioner shall also submit copies of the appraisals and the inspector general’s review and approval and comments, if any, to the house and senate committees on ways and means and the chairmen of the joint committee on state administration and regulatory oversight at least 15 days prior to the execution of any documents effecting the grant of the easement described in section 1.

SECTION 7. Notwithstanding any general or special law to the contrary, if the appraised value of property interests described in section 4 be determined to be greater than the appraised value of the easement described in section 1, the commonwealth shall not be obligated to pay the difference as additional consideration to the West Boylston Water District. If there is a disparity in these appraised values, as determined in sections 5 and 6, in favor of the grantee, the grantee shall pay a sum equal to the difference to the department of conservation and recreation. Any additional compensation received by the commonwealth pursuant to section 5 shall be deposited in the Water Supply Protection Trust established in section 73 of chapter 10 of the General Laws.

Approved August 10, 2010