AN ACT AUTHORIZING THE TOWN OF CANTON TO GRANT TEMPORARY AND PERMANENT EASEMENTS OVER CERTAIN CONSERVATION LAND SITUATED IN THE TOWN OF STOUGHTON FOR HIGHWAY PURPOSES.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the town of Canton to grant certain easements to the commonwealth for highway purposes, 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 any general or special law to the contrary, the conservation commission of the town of Canton may transfer to the select board of the town of Canton, for general municipal purposes, certain portions of land owned by the town of Canton under the care, custody and control of the conservation commission for conservation purposes and situated in the town of Stoughton, said portions being identified as permanent easements on a plan of land entitled “Massachusetts Department of Transportation Highway Division Plan and Profile of Washington Street (Route 138) in the Town of Stoughton, Norfolk County, Accepted Preliminary Right of Way Plans” and being a portion of the parcels identified in the town of Stoughton assessors’ records as map 57, parcel 91 and map 58, parcel 1.
SECTION 2. Notwithstanding any general or special law to the contrary, the board of water commissioners of the town of Canton may transfer to the select board of the town of Canton for general municipal purposes, certain portions of land owned by the town of Canton under the care, custody and control of the board of water commissioners for water supply purposes, situated in the town of Stoughton and identified as permanent easements on the plan referenced in section 1, being a portion of the parcels identified in the town of Stoughton assessors’ records as map 57, parcels 92 and 93.
SECTION 3. The select board of the town of Canton may grant certain permanent easements on the land identified in sections 1 and 2, to the commonwealth for highway purposes, to support the roadway improvements project being undertaken by the commonwealth for state highway route 138.
SECTION 4. As mitigation for the transfers authorized in this act, the Massachusetts Department of Transportation shall provide funding in lieu of replacement land to the town of Canton, which shall be not less than 110 per cent of the fair market value or value in use of the impacted lands, whichever is greater, as determined by an independent appraisal. The town of Canton shall deposit such sum into its Conservation Land Fund and dedicate it solely for the acquisition of land for conservation or water supply purposes. The town of Canton shall use such funds within 3 years to acquire replacement land, which shall be in a comparable location, of equal or greater natural resource value as determined by the secretary of energy and environmental affairs and of equal or greater acreage and monetary value as determined by an independent appraisal of the fair market value or value in use, whichever is greater, of the impacted lands.
Approved, August 7, 2024.