Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4701 Compare Versions

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

Old	New	Differences
1	1	HOUSE . . . . . . . No. 4701
2	2	The Commonwealth of Massachusetts
3	3	______________________________________
4	4	HOUSE OF REPRESENTATIVES, May 30, 2024.
5	5	The committee on Ways and Means, to whom was referred the Bill
6	6	authorizing the commissioner of Capital Asset Management and
7	7	Maintenance to convey a certain parcel of land in the town of Lancaster
8	8	(House, No. 4300), reports recommending that the same ought to pass
9	9	with an amendment substituting therefor the accompanying bill (House,
10	10	No. 4701) [Local Approval Received].
11	11	For the committee,
12	12	AARON MICHLEWITZ. 1 of 5
13	13	FILED ON: 5/30/2024
14	14	HOUSE . . . . . . . . . . . . . . . No. 4701
15	15	The Commonwealth of Massachusetts
16	16	_______________
17	17	In the One Hundred and Ninety-Third General Court
18	18	(2023-2024)
19	19	_______________
20	20	An Act authorizing the commissioner of Capital Asset Management and Maintenance to convey
21	21	certain parcels of land in the town of Lancaster.
22	22	Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
23	23	authorize forthwith the conveyance by the commonwealth of certain parcels in the town of
24	24	Lancaster, therefore it is hereby declared to be an emergency law, necessary for the immediate
25	25	preservation of the public convenience.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. (a) Notwithstanding sections 33 to 37, inclusive, of chapter 7C of the
29	29	2General Laws or any other general or special law to the contrary, the commissioner of capital
30	30	3asset management and maintenance may convey certain parcels of land in the town of Lancaster
31	31	4owned by the commonwealth to the town of Lancaster subject to this act. The parcels to be
32	32	5conveyed were formerly known as the Lancaster Industrial School for Girls and are described in
33	33	6deeds recorded in the Worcester registry of deeds in: (i) book 639, page 254; (ii) book 639, page
34	34	7255; (iii) book 549, page 192; (iv) book 549, page 194; and (v) book 2642, page 485, and may
35	35	8include, without limitation, the area known as the piggery; provided, however, that the
36	36	9commissioner shall not convey to the town of Lancaster the area leased to Robert F. Kennedy
37	37	10Community Alliance, Inc. pursuant to chapter 185 of the acts of 2000. 2 of 5
38	38	11 (b) The use of the parcels to be conveyed to the town of Lancaster pursuant to subsection
39	39	12(a) shall not be restricted to use for municipal or other specific purposes; provided, however, that
40	40	13the town may so restrict the use of 1 or more of the parcels at a later date, in accordance with any
41	41	14applicable general or special law. The parcels shall be conveyed by deed without warranties or
42	42	15representations by the commonwealth.
43	43	16 SECTION 2. As consideration for the conveyance of the parcels described in section 1,
44	44	17the town of Lancaster shall pay the commonwealth $1.
45	45	18 SECTION 3. If the town of Lancaster sells or leases any portion of the parcels described
46	46	19in section 1, the net proceeds from such sale or lease, as determined by the town of Lancaster and
47	47	20agreed to by the commissioner of capital asset management and maintenance, shall be allocated
48	48	21between the town of Lancaster and the commonwealth in equal shares; provided, however, that
49	49	22the commissioner of capital asset management and maintenance may agree to reduce the
50	50	23commonwealth’s share of net proceeds to not less than 40 per cent in order to provide certain
51	51	24incentives to the town of Lancaster to sell or lease the parcels expeditiously. If the net proceeds,
52	52	25as so determined, is a negative amount, the commonwealth shall not be required to make any
53	53	26payments to the town of Lancaster.
54	54	27 SECTION 4. (a) If the town of Lancaster decides to retain all, or any portion, of the
55	55	28parcels described in section 1 for municipal purposes, the town shall give written notice of such
56	56	29decision to the commissioner of capital asset management and maintenance and shall pay the
57	57	30commonwealth additional consideration for the portion or portions of the parcels retained by the
58	58	31town of Lancaster for municipal purposes. Such additional consideration shall be the fair market
59	59	32value of the portion or portions of the parcels retained by the town of Lancaster for municipal 3 of 5
60	60	33purposes as determined by the commissioner of capital asset management and maintenance
61	61	34based upon an independent professional appraisal, taking into consideration the restriction on the
62	62	35use of the portion or portions of the parcels to be retained by the town of Lancaster pursuant to
63	63	36this section.
64	64	37 (b) The commissioner of capital asset management and maintenance shall submit any
65	65	38appraisal required pursuant to subsection (a) to the inspector general for review and comment.
66	66	39The inspector general shall review and approve the appraisal and the review shall include an
67	67	40examination of the methodology utilized for the appraisal. The inspector general shall prepare a
68	68	41report and file the report with the commissioner of capital asset management and maintenance.
69	69	42The commissioner shall submit copies of the appraisal, and the inspector general’s review and
70	70	43approval and comments, if any, to the house and senate committees on ways and means and the
71	71	44joint committee on state administration and regulatory oversight not less than 15 days prior to the
72	72	45execution of documents effecting the transfers described in section 1.
73	73	46 (c) The town of Lancaster shall agree, in a written document to be recorded with the
74	74	47Worcester registry of deeds, that any portion or portions of the parcels to be retained by the town
75	75	48of Lancaster pursuant to subsection (a) shall be used solely for municipal purposes. The
76	76	49document shall include a reversionary clause that stipulates that if the portion or portions of the
77	77	50parcels to be retained by the town of Lancaster for municipal purposes cease at any time to be
78	78	51used for municipal purposes, title to the portion or portions which is, or are, no longer used for
79	79	52municipal purposes shall, at the election of the commonwealth, revert to the commonwealth.
80	80	53Said reversionary clause shall contain provisions requiring that the town of Lancaster receive
81	81	54reasonable notice of and a reasonable time to cure any allegation that the parcel is not being used
82	82	55for the purposes set forth in subsection (a). 4 of 5
83	83	56 SECTION 5. Notwithstanding any general or special law to the contrary, the town of
84	84	57Lancaster shall pay for all costs and expenses of the sale of the parcels to the town of Lancaster
85	85	58pursuant to this act as determined by the commissioner of capital asset management and
86	86	59maintenance, including, but not limited to, the costs of any recording fees and deed preparation
87	87	60related to the conveyance and all costs, liabilities and expenses of any nature and kind related to
88	88	61the town’s ownership of the parcel; provided, however, that such costs shall be included for the
89	89	62purposes of determining the net proceeds of the town’s sale or lease of any portion of the parcels
90	90	63described in section 1. The town of Lancaster shall also pay for any appraisal undertaken
91	91	64pursuant to section 4, the cost of which shall not be included for purposes of determining net
92	92	65proceeds.
93	93	66 SECTION 6. (a) If the town of Lancaster does not complete the purchase of all of the
94	94	67parcels described in section 1 on or before June 30, 2025, then notwithstanding sections 33 to 37,
95	95	68inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary,
96	96	69the commissioner of capital asset management and maintenance may sell, lease for terms of up to
97	97	7099 years, including all renewals and extensions, or otherwise grant, convey or transfer to
98	98	71purchasers or lessees an interest in the parcels that have not been sold to the town pursuant to
99	99	72section 1 or portions thereof, subject to subsection (b) and on such terms and conditions that the
100	100	73commissioner considers appropriate.
101	101	74 (b) The commissioner of capital asset management and maintenance shall dispose of the
102	102	75parcels or portions thereof pursuant to subsection (a) using appropriate competitive bidding
103	103	76processes and procedures. Not less than 30 days before the date on which bids, proposals or other
104	104	77offers to purchase or lease the parcels or portions thereof are due, the commissioner shall place a
105	105	78notice in the central register published by the state secretary pursuant to section 20A of chapter 9 5 of 5
106	106	79of the General Laws stating the availability of the parcels or portions thereof, the nature of the
107	107	80competitive bidding process and other information that the commissioner considers relevant,
108	108	81including, but not limited to, the time, place and manner for the submission of bids and proposals
109	109	82and the opening of the bids or proposals.
110	110	83 (c) Notwithstanding any general or special law to the contrary, the grantee or lessee of the
111	111	84parcels described in section 1 or any portions thereof pursuant to subsection (a), shall be
112	112	85responsible for costs and expenses of such sale or lease of the parcels or portions thereof to such
113	113	86grantee or lessee, including, but not limited to, costs associated with deed preparation and
114	114	87recording fees related to the conveyances and transfers authorized in this section as such costs
115	115	88may be determined by the commissioner of capital asset management and maintenance.