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Session Law

2012

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Chapter 219 AN ACT AUTHORIZING THE DEPARTMENT OF FISH AND GAME TO EXCHANGE CERTAIN PROPERTY IN THE TOWN OF SHIRLEY FOR OTHER PROPERTY IN THE SAME TOWN.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to authorize the department of fish and game to exchange land in the town of Shirley for other land in said town, 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 any general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the commissioner of fish and game, may convey a certain parcel of land identified in section 2 to the abutting owners in exchange for a conveyance to the department by the abutting owners the certain parcels of land identified in section 3. The exact boundaries of the parcels shall be determined by the commissioner of capital asset management and maintenance, in consultation with the commissioner of fish and game, after completion of a survey. The consideration for the conveyance shall be the full and fair market value of the parcels identified in section 2, as determined by the commissioner of capital asset management and maintenance pursuant to independent professional appraisals, less the full and fair market value of the parcels identified in section 3, as determined by the commissioner of capital asset management and maintenance pursuant to independent professional appraisals. The parcels identified in section 2 shall be conveyed by deed without warranties or representations by the commonwealth.

SECTION 2. The parcel of land to be conveyed to the abutting owners by the department of fish and game under section 1 shall be identified as follows: Parcel E shown on a plan of land entitled “Plan of Land in Shirley, Mass., dated July 2011, prepared by David E. Ross Associates, Inc. and denominated Plan No. L-11294”, which is on file and available at the offices of the department.

SECTION 3. The parcels of land to be conveyed by the abutting owners to the department of fish and game under section 1 shall be identified as follows: Parcels C and D on the plan referenced in section 2.

SECTION 4. Notwithstanding any general or special law to the contrary, the inspector general shall review and approve the appraisals required pursuant to section 1. The inspector general shall prepare a report of the 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 state administration and regulatory oversight. The commissioner 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 his review and comment. The inspector general shall issue his review and comment within 15 days after 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 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 5. Notwithstanding any general or special law to the contrary, costs and expenses associated with the transactions authorized by this act shall be apportioned as provided in the written agreement between the department of fish and game and the abutting owners executed in April, 2011.

Approved, August 6, 2012.


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