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