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The 190th General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN LAND IN THE TOWN OF NEW SALEM.

     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 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 department of conservation and recreation, may convey to David Briand of 27 Lovers lane in the town of New Salem a 0.43 acre parcel of land located in the town which is currently under the control of the department of conservation and recreation and held for watershed and water supply protection purposes, subject to any additional terms and conditions consistent with this act as the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may determine. The parcel is identified as “Parcel One” in a deed recorded on July 20, 1971 in the Franklin district registry of deeds in book 1278, page 404; provided, however, that the conveyance shall not include the easement and rights for right of way referenced in the deed. 
     (b)  As a condition for the conveyance authorized in this section, any access to the parcel shall be made across other land of the grantee and not land of the commonwealth.
     SECTION 2.  The consideration for the conveyance authorized in section 1 shall be the full and fair market value or the value in use as proposed of the parcel, whichever is greater, as determined by the division of capital asset management and maintenance based upon an independent professional appraisal.  The appraisal required by this section shall be subject to the review and approval of the inspector general and such review shall include an examination of the methodology utilized for the appraisal.  After receiving an appraisal, the inspector general shall prepare a report of such review and file the report with the division of capital asset management and maintenance.  After receiving the inspector general’s report and at least 15 days before any agreement or instrument for the conveyance of the parcel is executed, the division shall submit the report to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight.  To ensure a no-net-loss of lands protected for natural resource purposes, all consideration received shall be deposited in the Conservation Trust established in section 1 of chapter 132A of the General Laws and shall be expended by the department of conservation and recreation to acquire lands or interests therein to be held for watershed and water supply protection purposes which shall be under the care and control of the department of conservation and recreation and managed by the division of water supply protection.
     SECTION 3.  Notwithstanding any general or special law to the contrary, David Briand shall be responsible for the costs and expenses of any conveyance made pursuant to section 1 as determined by the commissioner of capital asset management and maintenance including, but not limited to, the costs of any engineering, surveys, appraisals and deed preparation related to the conveyance and all costs, liabilities and expenses of any nature and kind for its ownership.

Approved, August 10, 2016