Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2080 Compare Versions

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22 HOUSE DOCKET, NO. 305 FILED ON: 1/11/2023
33 HOUSE . . . . . . . . . . . . . . . No. 2080
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Joseph D. McKenna
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to municipal land ownership.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Joseph D. McKenna18th Worcester1/11/2023 1 of 2
1616 HOUSE DOCKET, NO. 305 FILED ON: 1/11/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 2080
1818 By Representative McKenna of Webster, a petition (accompanied by bill, House, No. 2080) of
1919 Joseph D. McKenna relative to municipalities that own land that is located within the
2020 geographical bounds of another municipality. Municipalities and Regional Government.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE HOUSE, NO. 3883 OF 2021-2022.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Third General Court
2626 (2023-2024)
2727 _______________
2828 An Act relative to municipal land ownership.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Chapter 40 of the General Laws, as so appearing in the 2018 Official
3232 2Edition, is hereby amended by inserting after section 3A the following section:-
3333 3 Section 3B. (a) Notwithstanding any general or special law to the contrary, no
3434 4municipality shall own land that is located within the geographical bounds of another
3535 5municipality.
3636 6 (b) If a municipality takes possession of land located within the geographical bounds of
3737 7another municipality for any reason, the municipality shall dispose of such land by private sale or
3838 8public auction no later than 180 days after taking possession; provided, however, that prior to
3939 9any sale or other disposition of land, the municipality that owns land located within the 2 of 2
4040 10geographical bounds of another municipality shall provide written notice, by regular and
4141 11certified mail, return receipt requested, to the municipality in which the land is located of the sale
4242 12and offer the municipality in which the land is located a first refusal option to meet a bona fide
4343 13offer to purchase the land. The municipality shall hold such first refusal option for 60 days after
4444 14receipt of the notice.
4545 15 The treasurer of any municipality that takes possession of land located within the
4646 16geographical bounds of another municipality shall assign and transfer title to such land via
4747 17private sale or to the highest bidder after a public auction, after having given 14 days' notice of
4848 18the time and place of such public auction by publication and having posted such notice in 2 or
4949 19more convenient and public places in each municipality, and may execute and deliver on behalf
5050 20of the municipality any instrument necessary therefor. The instrument of assignment shall be in a
5151 21form approved by the chief executive officer or executive body of the municipality and shall be
5252 22recorded within 60 days from its date.
5353 23 SECTION 2. This act shall take effect 2 years after its passage.