Session Law

2014

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Chapter 223 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO SELL OR LEASE CERTAIN PROPERTY IN THE TOWN OF TEWKSBURY

     Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the division of capital asset management and maintenance to sell or lease a certain parcel of land to the town of Tewksbury, 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.  (a) Notwithstanding sections 32 to 38, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may sell, lease or otherwise grant, convey or transfer to the town of Tewksbury for nominal consideration a portion of a certain parcel of state-owned land located on the easterly side of Livingston street near the Livingston recreational fields, containing 11.183 acres, more or less, as shown on a plan of land entitled “Plan of Land in the town of Tewksbury, Massachusetts”, dated August 6, 2012, which is on file in the office of the division of capital asset management and maintenance. The parcel shall be designated and used by the town of Tewksbury solely for recreational and open space purposes.
     (b)  Any sale or lease pursuant to subsection (a) shall authorize the town of Tewksbury to access rights of way and roads to facilitate ingress and egress.
     (c)  The town of Tewksbury shall be responsible for all costs and expenses including, but not limited to, costs associated with any engineering, surveys, appraisals and sale or lease preparation related to the sale or lease or any other agreement; provided, however, that the costs may be determined by the commissioner of capital asset management and maintenance. The town shall also be responsible for all costs, liabilities and expenses of any nature and kind in connection with the operation, maintenance and ownership of the parcel.
     SECTION 2.  Notwithstanding any general or special law to the contrary, if the property described in section 1 ceases to be used for open space or recreational purposes, the commissioner of capital asset management and maintenance shall give written notice to the purchaser or lessee of the unauthorized use. The purchaser or lessee shall, upon receipt of the notice, have 30 days to respond and a reasonable time to establish an authorized use of the parcel. If an authorized use of the parcel is not thereafter established, the property shall revert to the commonwealth.

Approved, August 5, 2014.