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The 192nd General Court of the Commonwealth of Massachusetts


Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize the town of Mashpee to convey an interest in certain town owned land to the town of Barnstable, 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 town of Mashpee may transfer to the town of Barnstable such right, title and interest as its board of selectmen shall deem appropriate in and to the real property acquired by the town of Mashpee for open space purposes pursuant to the deed recorded at the Barnstable county registry of deeds in book 24535, page 313 on May 7, 2010, containing 15.24 acres of land, more or less.

SECTION 2. The transfer authorized in section 1 shall be subject to the town of Barnstable’s contribution toward the property’s purchase price as agreed upon by the town of Barnstable and the town of Mashpee.

SECTION 3. No document or instrument conveying any interest in the property described in section 1 shall be valid unless the document or instrument: (a) provides that the interest shall be held and maintained by the town of Barnstable solely for open space, conservation and passive recreation purposes,

onsistent with section 8C of chapter 40 of the General Laws and Article 97 of the Amendments to the Constitution; and (b) is recorded simultaneously with an order of taking of a conservation restriction by the department of fish and game over the property. The department of fish and game may obtain a conservation restriction; provided, that it shall be consistent with a previous order of taking by the department on adjacent lands, dated June 27, 2002 and recorded in the Barnstable county registry of deeds at Book 15305, Page 123.

SECTION 4. Pursuant to section 7 of chapter 44B of the General Laws, any sums paid to the town of Mashpee by the town of Barnstable in consideration for any interest transferred or conveyed pursuant to this act shall be deposited into the Mashpee Community Preservation Fund.

SECTION 5. This act shall take effect upon its passage.

Approved, November 25, 2013.