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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 release forthwith a certain restriction on land, 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. Section 2 of chapter 652 of the acts of 1981 is hereby repealed.

SECTION 2. (a) Notwithstanding section 32 to 37 of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of the division of capital asset management and maintenance may release an agricultural use restriction and right of reverter created pursuant to chapter 652 of the acts of 1981 and reserved in a deed recorded with the Worcester district registry of deeds in book 12468, page 230.

(b) The consideration for the release authorized in subsection (a) shall be the difference between the fair market unrestricted value or the value in proposed use, whichever is greater, and the agricultural fair market value as determined by an independent appraisal commissioned by the commissioner. The current owner shall pay the difference to the department of agricultural resources to be used to acquire new agricultural preservation restrictions, pursuant to the rules and guidelines of the department. The commissioner shall submit the appraisal and a report thereon to the inspector general. The inspector general shall review and the appraisal and the review shall include an examination of the methodology utilized for the appraisal. The inspector general shall prepare a report of the review and file the report with the commissioner. The commissioner shall submit copies of the appraisal, the report thereon 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 prior to the execution of any grant of release authorized in this act.

(c) The recipient of the release 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 section. 

Approved, August 9, 2018.