AN ACT AUTHORIZING THE TRANSFER OF CERTAIN PARCELS OF LAND IN THE TOWNS OF TEMPLETON, PHILLIPSTON AND ROYALSTON
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to transfer certain parcels of land at the former Templeton Development Center, 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. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, chapter 504 of the acts of 2002, chapter 59 of the acts of 2009 as amended by sections 117 through 124, inclusive, of chapter 131 of the acts of 2010, or any other general or special law to the contrary, the commissioner of capital asset management and maintenance shall transfer the care, custody and control of the parcels of land at the former Templeton developmental center in the towns of Phillipston, Templeton and Royalston identified in section 2 from the department of developmental services to the department of fish and game to be held solely for the purposes and uses of forest and open space protection, management and conservation, environmental education and public access for passive recreation and enjoyment, including hunting, fishing and trapping. The commissioner of capital asset management and maintenance, in consultation with the commissioner of fish and game, shall determine the exact boundaries of the parcels through a survey. The commissioner of capital asset management and maintenance, in consultation with the commissioner of fish and game, may alter the boundaries to be transferred to the care and control of the department of fish and game pursuant to this section. The department of fish and game shall not be required to pay any consideration for the parcels of land to be transferred to the department of fish and game pursuant to this act.
SECTION 2. The parcels of land that may be transferred to the department of fish and game pursuant to section 1 contain approximately 1,427 acres and are shown and described as the “unencumbered area (white)” on the plan entitled “Plan of Land in Templeton, MA” prepared by Northeast Survey Consultants and dated July 27, 2017, on file with the division of capital asset management and maintenance, subject to modifications pursuant to section 1.
SECTION 3. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, chapter 504 of the Acts of 2002, chapter 59 of the acts of 2009, as amended by sections 117 through 124, inclusive, of chapter 131 of the acts of 2010, or any other general or special law to the contrary, the commissioner of capital asset management and maintenance shall transfer the care, custody and control of the parcels of land at the former Templeton developmental center in the towns of Phillipston and Templeton identified in section 4 from the department of developmental services to the department of agricultural resources to be held solely for the purposes and uses of agriculture and open space protection, management and conservation. The commissioner of capital asset management and maintenance, in consultation with the commissioner of agricultural resources, shall determine the exact boundaries of the parcels through a survey. The commissioner of the division of capital asset management and maintenance, in consultation with the commissioner of the department of agricultural resources, may alter the boundaries to be transferred to the care and control of the department of agricultural resources pursuant to this section. The department of agricultural resources shall not be required to pay any consideration for the parcels of land to be transferred to the department of agricultural resources pursuant to this act.
SECTION 4. The parcels of land that may be transferred to the department of agricultural resources pursuant to section 3 contain approximately 175 acres, and are shown as the agricultural fields numbered 1, 4, 5, 10, 11, 12, 13, 14A, 14C, 15, 16, 17, 18, 19, 20, 21 and 22 on the plan entitled “Plan of Land in Templeton, MA” prepared by Northeast Survey Consultants and dated July 27, 2017 on file with the division of capital asset management and maintenance, subject to modifications pursuant to section 3.
SECTION 5. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, chapter 504 of the Acts of 2002, chapter 59 of the acts of 2009, as amended by sections 117 through 124, inclusive, of chapter 131 of the acts of 2010, 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 to 1 or more purchasers the agricultural fields and parcels at the former Templeton developmental center in the towns of Royalston, Templeton and Phillipston identified in section 6; provided, however, that: (i) prior to sale of said agricultural fields the commissioner of capital asset management and maintenance shall record an agricultural preservation restriction on said fields pursuant to sections 31 through 33, inclusive, of chapter 184 of the General Laws; and (ii) sale of said parcels shall be subject to a deed restriction restricting the use of the property and buildings thereon to use for the purposes of agriculture as defined in section 1A of chapter 128 of the General Laws. The commissioner of capital asset management and maintenance, in consultation with the commissioner of agricultural resources, shall determine the exact boundaries of the parcels through a survey. The commissioner of capital asset management and maintenance, in consultation with the commissioner of agricultural resources, may alter the boundaries to be conveyed pursuant to this section. The commissioner of capital asset management and maintenance shall use competitive best value bidding processes and procedures when making any disposition under this section. Not less than 30 days before the date on which bids, proposals or other offers to purchase the parcels, or any portion thereof, are due, the commissioner of capital asset management and maintenance shall place a notice in the central register published by the state secretary pursuant to section 20A of chapter 9 of the General Laws stating: (i) the availability of the parcels; (ii) the nature of the competitive bidding process; (iii) the time, place and manner for the submission of bids and proposals and the opening of the bids or proposals; and (iv) other information that the commissioner deems relevant. The commissioner shall also place notification in the central register of the individual or firm selected as party to any real property transaction involving any such parcels and the amount of the transaction. The commissioner of capital asset management and maintenance may transfer to the care, custody and control of the department of agricultural resources any of said agricultural fields or parcels that has not been conveyed by said commissioner pursuant to this section on or before December 31, 2023 and the commissioner of agricultural resources shall accept care, custody and control of said parcels or agricultural fields; provided, however, that the commissioner of agricultural resources may require the demolition and removal of any structures on the parcels prior to accepting care, custody and control of any of said parcels or agricultural fields.
SECTION 6. The agricultural fields and parcels that may be conveyed pursuant to Section 5 are the agricultural fields numbered 2, 3, 6, 7, 8, 9 and 14B and the parcels labeled LA 1, LA 2, LA 3, LA 4 and LA 5 on the plan entitled “Plan of Land in Templeton, MA” prepared by Northeast Survey Consultants and dated July 27, 2017 on file with the division of capital asset management and maintenance, subject to modifications pursuant to section 5.
SECTION 7. The executive office of energy and environmental affairs shall be responsible for the costs and expenses of the transfers authorized by sections 1, 3 and 5 as determined by the commissioner of capital asset management and maintenance, including, but not limited to, the costs of any engineering, surveys, appraisals, title examinations, recording fees and document preparation related to the transfer of the care, custody and control of the parcels pursuant to sections 1 through 6, inclusive.
SECTION 8. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, chapter 504 of the Acts of 2002, chapter 59 of the acts of 2009, as amended by sections 117 through 124, inclusive, of chapter 131 of the acts of 2010, or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may sell or lease to 1 or more purchasers or lessees the parcels of land, with any buildings thereon, at the former Templeton developmental center in the towns of Templeton, Phillipston and Royalston not transferred to the care, custody and control of the department of fish and game, the department of agricultural resources or a private party pursuant to this act. The commissioner of capital asset management and maintenance shall determine the exact boundaries of the parcels through a survey. The commissioner shall use appropriate competitive bidding processes and procedures when making any disposition under this section. Not less than 30 days before the date on which bids, proposals or other offers to purchase the parcels, or any portion thereof, are due, the commissioner shall place a notice in the central register published by the state secretary pursuant to section 20A of chapter 9 of the General Laws stating: (i) the availability of the parcels; (ii) the nature of the competitive bidding process; (iii) the time, place and manner for the submission of bids and proposals and the opening of the bids or proposals; and (iv) other information that the commissioner deems relevant. The commissioner shall also place notification in the central register of the individual or firm selected as party to any real property transaction involving any such parcels and the amount of the transaction.
SECTION 9. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, chapter 504 of the Acts of 2002, chapter 59 of the acts of 2009 as amended by sections 117 through 124, inclusive, of chapter 131 of the acts of 2010, or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may: (i) convey the portions of roads located at the former Templeton developmental center including, without limitation, the road known as Freight Shed road, to the Massachusetts Department of Transportation; and (ii) convey portions of roads located at the former Templeton developmental center not conveyed to the Massachusetts Department of Transportation, including, without limitation, the road known as Freight Shed road, to the towns in which such portions of roads are located, subject to the requirement that the grantee in each instance maintains the portions of roads conveyed to it as a public way. The commissioner of capital asset management and maintenance shall determine the exact boundaries of the portions of said roads to be conveyed to each grantee through surveys.
SECTION 10. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, chapter 504 of the Acts of 2002, chapter 59 of the acts of 2009 as amended by sections 117 through 124, inclusive, of chapter 131 of the acts of 2010, or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may convey any water lines or other utilities located in any of the roads referred to in section 9 to the town, municipal light and power plant, or other entity that provides water service in the town in which such water lines or other utilities are located. The commissioner of capital asset management and maintenance shall determine the exact boundaries of such water lines or other utilities to be conveyed to each grantee through surveys.
Approved, August 11, 2022.