Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3672 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2380 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3672
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Meghan Kilcoyne and John J. Cronin
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act authorizing the commissioner of Capital Asset Management and Maintenance to convey
13	13	a certain parcel of land in the town of Lancaster.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Meghan Kilcoyne12th Worcester1/19/2023John J. CroninWorcester and Middlesex1/19/2023 1 of 5
17	17	HOUSE DOCKET, NO. 2380 FILED ON: 1/19/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 3672
19	19	By Representative Kilcoyne of Clinton and Senator Cronin, a joint petition (accompanied by bill,
20	20	House, No. 3672) of Meghan Kilcoyne and John J. Cronin that the commissioner of Capital
21	21	Asset Management and Maintenance be authorized to convey a certain parcel of state owned
22	22	land in the town of Lancaster to said town. State Administration and Regulatory Oversight.
23	23	[Local Approval Received.]
24	24	[SIMILAR MATTER FILED IN PREVIOUS SESSION
25	25	SEE HOUSE, NO. 5384 OF 2021-2022.]
26	26	The Commonwealth of Massachusetts
27	27	_______________
28	28	In the One Hundred and Ninety-Third General Court
29	29	(2023-2024)
30	30	_______________
31	31	An Act authorizing the commissioner of Capital Asset Management and Maintenance to convey
32	32	a certain parcel of land in the town of Lancaster.
33	33	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
34	34	of the same, as follows:
35	35	1 SECTION I. Notwithstanding sections 33 to 37, inclusive, of chapter 7C of the General
36	36	2Laws or any other general or special law to the contrary, the commissioner of capital asset
37	37	3management and maintenance may convey certain parcels of land in the town of Lancaster
38	38	4owned by the commonwealth to the town of Lancaster subject to the provisions of this act. The
39	39	5parcels are shown on plans on file with the division of capital asset management and
40	40	6maintenance. The exact location and boundaries of the parcels to be conveyed shall be
41	41	7determined by the commissioner of capital asset management and maintenance based upon a
42	42	8survey. 2 of 5
43	43	9 The use of the parcels to be conveyed to the town shall not be restricted to use for
44	44	10municipal or other specific purposes; provided, however, that the town may so restrict the use of
45	45	11one or more of the parcels at a later date, in accordance with any applicable general and special
46	46	12laws. The parcels shall be conveyed by deed without warranties or representations by the
47	47	13commonwealth.
48	48	14 SECTION 2. As consideration for the conveyance of the parcels described in section 1,
49	49	15the town of Lancaster shall pay the commonwealth $1.
50	50	16 SECTION 3. If the town of Lancaster sells or leases any portion of the parcels described
51	51	17in section 1, the net proceeds from such sale or lease as determined by the town of Lancaster and
52	52	18agreed to by the commissioner of capital asset management and maintenance shall be allocated
53	53	19between the town of Lancaster and the commonwealth in equal shares; provided, however, that
54	54	20the commissioner may agree to reduce the commonwealth's share of net proceeds to not less than
55	55	2140 per cent in order to provide certain incentives to the town to sell or lease the parcels
56	56	22expeditiously. If the net proceeds, as so determined, is a negative amount, the commonwealth
57	57	23shall not be required to make any payments to the town of Lancaster.
58	58	24 SECTION 4. If the town of Lancaster decides to retain all, or any portion, of the parcels
59	59	25described in section 1 for municipal purposes, the town shall give written notice of such decision
60	60	26to the commissioner of capital asset management and maintenance and shall pay the
61	61	27Commonwealth additional consideration for the portion or portions of the parcels retained by the
62	62	28town of Lancaster for municipal purposes. Such additional consideration shall be the fair market
63	63	29value of the portion, or portions of the parcels retained by the town of Lancaster for municipal
64	64	30purposes as determined by the commissioner of capital asset management and maintenance 3 of 5
65	65	31based upon an independent professional appraisal, taking into consideration the restriction on the
66	66	32use of the portion or portions of the parcels to be retained by the town of Lancaster pursuant to
67	67	33this section. The inspector general shall review and approve the appraisal. The inspector general
68	68	34shall prepare a report of such review of the methodology utilized for the appraisal and shall file
69	69	35the report with the commissioner of capital asset management and maintenance, the house and
70	70	36senate committees on ways and means and the joint committee on state administration and
71	71	37regulatory oversight.
72	72	38 In addition, the town of Lancaster shall agree, in a written document to be recorded with
73	73	39the Worcester registry of deeds, that the portion or portions of the parcels to be retained by the
74	74	40town of Lancaster pursuant to this section shall be used solely for municipal purposes, which
75	75	41document shall include a reversionary clause that stipulates that if the portion or portions of the
76	76	42parcels to be retained by the town of Lancaster for municipal purposes cease at any time to be
77	77	43used for municipal purposes, title to the portion or portions which is, or are, no longer used for
78	78	44municipal purposes shall, at the election of the commonwealth, revert to the commonwealth.
79	79	45Said reversionary clause shall contain provisions requiring that the town of Lancaster receive
80	80	46reasonable notice of and a reasonable time to cure any allegation that the parcel is not being used
81	81	47for the purposes set forth in this section.
82	82	48 SECTION 5. Notwithstanding any general or special law to the contrary, the town of
83	83	49Lancaster shall pay for all costs and expenses of the sale of the parcels to the town of Lancaster
84	84	50pursuant to this act as determined by the commissioner of capital asset management and
85	85	51maintenance including, but not limited to, the costs of any recording fees and deed preparation
86	86	52related to the conveyance and all costs, liabilities and expenses of any nature and kind related to
87	87	53the town's ownership of the parcel; provided, however, that such costs shall be included for the 4 of 5
88	88	54purposes of determining the net proceeds of the town's sale or lease of any portion of the parcels
89	89	55described in section 1. The town of Lancaster shall also pay for any appraisal undertaken
90	90	56pursuant to section 4, the cost of which shall not be included for purposes of determining net
91	91	57proceeds.
92	92	58 SECTION 6. If the town of Lancaster does not complete the purchase of the parcels
93	93	59described in section 1 on or before December 31, 2023, then notwithstanding sections 33 to 37,
94	94	60inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary,
95	95	61the commissioner may sell, lease for terms of up to 99 years, including all renewals and
96	96	62extensions, or otherwise grant, convey or transfer to purchasers or lessees an interest in the
97	97	63parcels described in section 1 or portions thereof, subject to this section and on such terms and
98	98	64conditions that the commissioner considers appropriate.
99	99	65 The commissioner of capital asset management and maintenance shall dispose of the
100	100	66parcels or portions thereof pursuant to this section using appropriate competitive bidding
101	101	67processes and procedures. Not less than 30 days before the date on which bids, proposals or other
102	102	68offers to purchase or lease the parcels or portions thereof are due, the commissioner shall place a
103	103	69notice in the central register published by the state secretary pursuant to section 20A of chapter 9
104	104	70of the General Laws stating the availability of the parcels or portions thereof, the nature of the
105	105	71competitive bidding process and other information that the commissioner considers relevant,
106	106	72including the time, place and manner for the submission of bids and proposals and the opening of
107	107	73the bids or proposals.
108	108	74 Notwithstanding any general or special law to the contrary, the grantee or lessee of the
109	109	75parcels described in section 1 or any portions thereof pursuant to this section, shall be 5 of 5
110	110	76responsible for costs and expenses of such sale or lease of the parcels or portions thereof to such
111	111	77grantee or lessee, including, but not limited to, costs associated with deed preparation and
112	112	78recording fees related to the conveyances and transfers authorized in this section as such costs
113	113	79may be determined by the commissioner of capital asset management and maintenance.