1 of 1 HOUSE DOCKET, NO. 2380 FILED ON: 1/19/2023 HOUSE . . . . . . . . . . . . . . . No. 3672 The Commonwealth of Massachusetts _________________ PRESENTED BY: Meghan Kilcoyne and John J. Cronin _________________ 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 authorizing the commissioner of Capital Asset Management and Maintenance to convey a certain parcel of land in the town of Lancaster. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :DATE ADDED:Meghan Kilcoyne12th Worcester1/19/2023John J. CroninWorcester and Middlesex1/19/2023 1 of 5 HOUSE DOCKET, NO. 2380 FILED ON: 1/19/2023 HOUSE . . . . . . . . . . . . . . . No. 3672 By Representative Kilcoyne of Clinton and Senator Cronin, a joint petition (accompanied by bill, House, No. 3672) of Meghan Kilcoyne and John J. Cronin that the commissioner of Capital Asset Management and Maintenance be authorized to convey a certain parcel of state owned land in the town of Lancaster to said town. State Administration and Regulatory Oversight. [Local Approval Received.] [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE HOUSE, NO. 5384 OF 2021-2022.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ An Act authorizing the commissioner of Capital Asset Management and Maintenance to convey a certain parcel of land in the town of Lancaster. 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 I. Notwithstanding sections 33 to 37, inclusive, of chapter 7C of the General 2Laws or any other general or special law to the contrary, the commissioner of capital asset 3management and maintenance may convey certain parcels of land in the town of Lancaster 4owned by the commonwealth to the town of Lancaster subject to the provisions of this act. The 5parcels are shown on plans on file with the division of capital asset management and 6maintenance. The exact location and boundaries of the parcels to be conveyed shall be 7determined by the commissioner of capital asset management and maintenance based upon a 8survey. 2 of 5 9 The use of the parcels to be conveyed to the town shall not be restricted to use for 10municipal or other specific purposes; provided, however, that the town may so restrict the use of 11one or more of the parcels at a later date, in accordance with any applicable general and special 12laws. The parcels shall be conveyed by deed without warranties or representations by the 13commonwealth. 14 SECTION 2. As consideration for the conveyance of the parcels described in section 1, 15the town of Lancaster shall pay the commonwealth $1. 16 SECTION 3. If the town of Lancaster sells or leases any portion of the parcels described 17in section 1, the net proceeds from such sale or lease as determined by the town of Lancaster and 18agreed to by the commissioner of capital asset management and maintenance shall be allocated 19between the town of Lancaster and the commonwealth in equal shares; provided, however, that 20the commissioner may agree to reduce the commonwealth's share of net proceeds to not less than 2140 per cent in order to provide certain incentives to the town to sell or lease the parcels 22expeditiously. If the net proceeds, as so determined, is a negative amount, the commonwealth 23shall not be required to make any payments to the town of Lancaster. 24 SECTION 4. If the town of Lancaster decides to retain all, or any portion, of the parcels 25described in section 1 for municipal purposes, the town shall give written notice of such decision 26to the commissioner of capital asset management and maintenance and shall pay the 27Commonwealth additional consideration for the portion or portions of the parcels retained by the 28town of Lancaster for municipal purposes. Such additional consideration shall be the fair market 29value of the portion, or portions of the parcels retained by the town of Lancaster for municipal 30purposes as determined by the commissioner of capital asset management and maintenance 3 of 5 31based upon an independent professional appraisal, taking into consideration the restriction on the 32use of the portion or portions of the parcels to be retained by the town of Lancaster pursuant to 33this section. The inspector general shall review and approve the appraisal. The inspector general 34shall prepare a report of such review of the methodology utilized for the appraisal and shall file 35the report with the commissioner of capital asset management and maintenance, the house and 36senate committees on ways and means and the joint committee on state administration and 37regulatory oversight. 38 In addition, the town of Lancaster shall agree, in a written document to be recorded with 39the Worcester registry of deeds, that the portion or portions of the parcels to be retained by the 40town of Lancaster pursuant to this section shall be used solely for municipal purposes, which 41document shall include a reversionary clause that stipulates that if the portion or portions of the 42parcels to be retained by the town of Lancaster for municipal purposes cease at any time to be 43used for municipal purposes, title to the portion or portions which is, or are, no longer used for 44municipal purposes shall, at the election of the commonwealth, revert to the commonwealth. 45Said reversionary clause shall contain provisions requiring that the town of Lancaster receive 46reasonable notice of and a reasonable time to cure any allegation that the parcel is not being used 47for the purposes set forth in this section. 48 SECTION 5. Notwithstanding any general or special law to the contrary, the town of 49Lancaster shall pay for all costs and expenses of the sale of the parcels to the town of Lancaster 50pursuant to this act as determined by the commissioner of capital asset management and 51maintenance including, but not limited to, the costs of any recording fees and deed preparation 52related to the conveyance and all costs, liabilities and expenses of any nature and kind related to 53the town's ownership of the parcel; provided, however, that such costs shall be included for the 4 of 5 54purposes of determining the net proceeds of the town's sale or lease of any portion of the parcels 55described in section 1. The town of Lancaster shall also pay for any appraisal undertaken 56pursuant to section 4, the cost of which shall not be included for purposes of determining net 57proceeds. 58 SECTION 6. If the town of Lancaster does not complete the purchase of the parcels 59described in section 1 on or before December 31, 2023, then notwithstanding sections 33 to 37, 60inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, 61the commissioner may sell, lease for terms of up to 99 years, including all renewals and 62extensions, or otherwise grant, convey or transfer to purchasers or lessees an interest in the 63parcels described in section 1 or portions thereof, subject to this section and on such terms and 64conditions that the commissioner considers appropriate. 65 The commissioner of capital asset management and maintenance shall dispose of the 66parcels or portions thereof pursuant to this section using appropriate competitive bidding 67processes and procedures. Not less than 30 days before the date on which bids, proposals or other 68offers to purchase or lease the parcels or portions thereof are due, the commissioner shall place a 69notice in the central register published by the state secretary pursuant to section 20A of chapter 9 70of the General Laws stating the availability of the parcels or portions thereof, the nature of the 71competitive bidding process and other information that the commissioner considers relevant, 72including the time, place and manner for the submission of bids and proposals and the opening of 73the bids or proposals. 74 Notwithstanding any general or special law to the contrary, the grantee or lessee of the 75parcels described in section 1 or any portions thereof pursuant to this section, shall be 5 of 5 76responsible for costs and expenses of such sale or lease of the parcels or portions thereof to such 77grantee or lessee, including, but not limited to, costs associated with deed preparation and 78recording fees related to the conveyances and transfers authorized in this section as such costs 79may be determined by the commissioner of capital asset management and maintenance.