Session Law

2014

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Chapter 29 AN ACT RELATIVE TO THE CONVEYANCE OF AN EASEMENT IN THE CITY OF NORTHAMPTON.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the conveyance of a certain easement in the city of Northampton, in the county of Hampshire, 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. The first paragraph of section 11 of chapter 288 of the acts of 1989 is hereby amended by striking out, in line 1, the words “planning and operations” and inserting in place thereof the following words:- asset management and maintenance.
SECTION 2. Said first paragraph of said section 11 of said chapter 288 is hereby further amended by striking out, in line 2, the words “department of mental health” and inserting in place thereof the following words:- department of agricultural resources.
SECTION 3. Notwithstanding sections 32 to 37, 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, in consultation with the commissioner of agricultural resources, may convey by deed to the Tennessee Gas Pipeline Company, L.L.C., a permanent and nonexclusive pipeline easement 30 feet wide, as more particularly shown on a plan of land entitled “Existing 12" pipeline, commonwealth of Massachusetts dept. of food & agriculture Property, Hampshire county, Massachusetts” dated December 23, 2010, drawing number TB-L12-E260A-100-17, to be recorded at the Hampshire county registry of deeds.
The easement shall be used to lay, construct, maintain, operate, repair, change the size of, remove or replace the gas transmission lines that are installed underground, together with appliances and appurtenances necessary thereto, and access thereto.
SECTION 4. Notwithstanding any general or special law to the contrary, there shall be an independent professional appraisal of the easement authorized by section 3 to determine the diminution in value to the property as a result of the granting of the easement. In order to expedite the conveyance authorized by said section 3, the commissioner of capital asset management and maintenance may, in consultation with the commissioner of agricultural resources, accept an appraisal of the easement conducted, accepted and agreed to before the effective date of this act. In consideration of the conveyance authorized by said section 3, the Tennessee Gas Pipeline Company, L.L.C. shall compensate the commonwealth in an amount at least equal to or greater than the full and fair market value of the diminution, as determined by the independent professional appraisal. The Tennessee Gas Pipeline Company, L.L.C. shall assume all reasonable costs associated with any engineering, surveys, appraisal, deed preparation and other expenses deemed necessary by the commissioner of capital asset management and maintenance to execute the conveyance authorized by said section 3. All monies paid to the commonwealth by the Tennessee Gas Pipeline Company, L.L.C. as a result of the conveyance and easement authorized by said section 3 shall be deposited into the Massachusetts Department of Agricultural Resources, Mitigation Expendable Trust established in 2007.
The commissioner of capital asset management and maintenance shall submit the appraisal and a report thereon to the inspector general for review and comment. The inspector general shall review and approve the appraisal. The review shall include an examination of the methodology used for the appraisal. The inspector general shall, within 45 days after receipt of the appraisal and the report thereon, prepare a report of the review and file the report with the commissioner of capital asset management and maintenance, who shall provide a copy of it to the commissioner of agricultural resources and shall submit the report to the house and senate committees on ways and means and the house and senate committees on bonding, capital expenditures and state assets before the execution of the conveyance.
SECTION 5. Notwithstanding any general or special law to the contrary, no instrument conveying, by or on behalf of the commonwealth, the easement authorized by section 3 shall be valid unless the instrument provides that the easement shall be used solely for the purposes stated in said section 3. The easement instrument shall state that if the pipeline within the easement is abandoned by the Tennessee Gas Pipeline Company, L.L.C., or its successors or assigns, and the same is approved by the Federal Energy Regulatory Commission, the easement shall revert to the commonwealth under the control and use of the department of agricultural resources upon such terms and conditions as the commissioner of capital asset management and maintenance, in consultation with the commissioner of agricultural resources, may reasonably determine. If the easement authorized by section 3 reverts to the commonwealth, any further disposition of the easement shall be subject to sections 32 to 37, inclusive, of chapter 7C of the General Laws and prior approval of the general court.

Approved, February 12, 2014.