AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO GRANT A WATER MAIN EASEMENT TO THE TOWN OF BELLINGHAM
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
(a) Notwithstanding sections 34 to 37, inclusive, of chapter 7C of the General Laws, the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may grant an easement upon a certain parcel of land currently under the care and control of the department of conservation and recreation and held for conservation and recreation purposes to the town of Bellingham to be used for the installation and maintenance of a raw water transmission main, subject to the requirements of this act and to such additional terms and conditions consistent with this act as the commissioner of capital asset management and maintenance may prescribe in consultation with the commissioner of conservation and recreation. The parcel of land contains 37,000 square feet, more or less, and is shown on a plan of land entitled “Bellingham Department of Public Works South Route Raw Water Main” to be recorded in the Norfolk county registry of deeds. Prior to finalizing the transaction or making the conveyance authorized herein, the division of capital asset management and maintenance may make minor modifications to the area and plan in order to carry out this act.
(b) An independent appraisal of the fair market value and value in use of the easement described in subsection (a) shall be prepared in accordance with the usual and customary professional appraisal practices by a qualified appraiser commissioned by the commissioner of capital asset management and maintenance. Consideration for the grant of the easement shall be the full and fair market value or the value in proposed use, whichever is greater, as determined by the commissioner of capital asset management and maintenance and calculated with regard to its full development potential as assembled with other lands owned or otherwise controlled by the grantee. The commissioner of capital asset management and maintenance shall submit any appraisals to the inspector general for review and comment. The inspector general shall review and approve any such appraisals and the review shall include an examination of the methodology utilized for the appraisals. The inspector general shall prepare a report of such review and file the report with the commissioner of capital asset management and maintenance for submission by the commissioner to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight. The commissioner shall submit copies of the appraisals and the inspector general’s review and approval and comments, 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 prior to the execution of documents effecting the transfers described in subsection (a).
(c) The grantee shall compensate the commonwealth for the easement described in subsection (a) through the transfer to the department of conservation and recreation of land, an interest of land or funding for the acquisition of land or an interest therein equal to or greater than the resource value of the land described in said subsection (a) and the highest appraised value as determined under subsection (b). The fair market value of any land or interest in land proposed to be conveyed by the grantee to the department shall be included within the appraisal prepared under said subsection (b). The land, interest in land or funding for the acquisition of land or an interest therein shall be subject to the approval of the department of conservation and recreation and any land or interest in land, whether conveyed by the grantee or acquired by the department, shall be permanently held and managed for conservation and recreation purposes by the department. If the appraised value of any land or interests in land transferred to the department is greater than the appraised value of the interests in land described in said subsection (a), the commonwealth shall have no obligation to pay the difference to the grantee. All payments paid to the commonwealth as a result of the conveyances or grants authorized in this act shall be deposited in the Conservation Trust established in section 1 of chapter 132A of the General Laws.
(d) The grantee shall assume all costs associated with engineering, surveys, appraisals, deed preparation and other expenses deemed necessary by the commissioner of capital asset management and maintenance to execute the conveyances authorized in this act.
(e) No instrument executed pursuant to this act shall be valid unless it provides that the easement authorized in subsection (a) shall be used solely for the purposes described in said subsection (a). The instrument authorized pursuant to said subsection (a) shall include a reversionary clause that stipulates the property shall revert to the commonwealth and be assigned to the care, custody and control of the department of conservation and recreation, upon such terms and conditions as the commissioner of capital asset management and maintenance may determine, if the property ceases to be used for the express purposes authorized in said subsection (a). If any interest reverts to the commonwealth, any further disposition shall be subject to sections 34 to 37, inclusive, of chapter 7C of the General Laws and the prior approval of the general court.
Approved, August 9, 2016