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HOUSE DOCKET, NO. 2380 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 3672
The Commonwealth of Massachusetts
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PRESENTED BY:
Meghan Kilcoyne and John J. Cronin
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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 authorizing the commissioner of Capital Asset Management and Maintenance to convey
a certain parcel of land in the town of Lancaster.
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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
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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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.