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2 | 2 | | HOUSE DOCKET, NO. 305 FILED ON: 1/11/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2080 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Joseph D. McKenna |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to municipal land ownership. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Joseph D. McKenna18th Worcester1/11/2023 1 of 2 |
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16 | 16 | | HOUSE DOCKET, NO. 305 FILED ON: 1/11/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2080 |
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18 | 18 | | By Representative McKenna of Webster, a petition (accompanied by bill, House, No. 2080) of |
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19 | 19 | | Joseph D. McKenna relative to municipalities that own land that is located within the |
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20 | 20 | | geographical bounds of another municipality. Municipalities and Regional Government. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE HOUSE, NO. 3883 OF 2021-2022.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Third General Court |
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26 | 26 | | (2023-2024) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act relative to municipal land ownership. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Chapter 40 of the General Laws, as so appearing in the 2018 Official |
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32 | 32 | | 2Edition, is hereby amended by inserting after section 3A the following section:- |
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33 | 33 | | 3 Section 3B. (a) Notwithstanding any general or special law to the contrary, no |
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34 | 34 | | 4municipality shall own land that is located within the geographical bounds of another |
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35 | 35 | | 5municipality. |
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36 | 36 | | 6 (b) If a municipality takes possession of land located within the geographical bounds of |
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37 | 37 | | 7another municipality for any reason, the municipality shall dispose of such land by private sale or |
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38 | 38 | | 8public auction no later than 180 days after taking possession; provided, however, that prior to |
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39 | 39 | | 9any sale or other disposition of land, the municipality that owns land located within the 2 of 2 |
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40 | 40 | | 10geographical bounds of another municipality shall provide written notice, by regular and |
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41 | 41 | | 11certified mail, return receipt requested, to the municipality in which the land is located of the sale |
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42 | 42 | | 12and offer the municipality in which the land is located a first refusal option to meet a bona fide |
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43 | 43 | | 13offer to purchase the land. The municipality shall hold such first refusal option for 60 days after |
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44 | 44 | | 14receipt of the notice. |
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45 | 45 | | 15 The treasurer of any municipality that takes possession of land located within the |
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46 | 46 | | 16geographical bounds of another municipality shall assign and transfer title to such land via |
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47 | 47 | | 17private sale or to the highest bidder after a public auction, after having given 14 days' notice of |
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48 | 48 | | 18the time and place of such public auction by publication and having posted such notice in 2 or |
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49 | 49 | | 19more convenient and public places in each municipality, and may execute and deliver on behalf |
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50 | 50 | | 20of the municipality any instrument necessary therefor. The instrument of assignment shall be in a |
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51 | 51 | | 21form approved by the chief executive officer or executive body of the municipality and shall be |
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52 | 52 | | 22recorded within 60 days from its date. |
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53 | 53 | | 23 SECTION 2. This act shall take effect 2 years after its passage. |
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