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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING AND DIRECTING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN LAND IN THE TOWN OF SOUTH HADLEY.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to transfer forthwith a certain parcel of land in the town of South Hadley, 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 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 the town of South Hadley a certain parcel of land presently under the control of the department of conservation and recreation located in the town of South Hadley and shown as parcel 7-019 on the town of South Hadley assessor’s map 7, containing 1.06 acres. The town of South Hadley shall incorporate this parcel into the existing, adjacent parkland known as Buttery Brook park. 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 as determined by the commissioner of capital asset management and maintenance, in consultation with the department of conservation and recreation pursuant to 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 such 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 review and comment. The inspector general shall issue such review and comment within 15 days of receipt of the proposed conveyance or amendment. The commissioner 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 state administration and regulatory oversight at least 15 days before execution of the conveyance.

SECTION 3. Notwithstanding any general or special law to the contrary, the town of South Hadley 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 in this act as such costs may be determined by the commissioner of capital asset management and maintenance, in consultation with the department of conservation and recreation.

Approved, August 3, 2012.