HOUSE . . . . . . . No. 4966
The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, July 31, 2024.
The committee on Ways and Means, to whom was referred the Bill
authorizing the commissioner of Capital Asset Management and
Maintenance to convey a certain parcel of land in the town of Tewksbury
(House, No. 4839), reports recommending that the same ought to pass
with an amendment substituting therefor the accompanying bill (House,
No. 4966).
For the committee,
AARON MICHLEWITZ. 1 of 3
FILED ON: 7/31/2024
HOUSE . . . . . . . . . . . . . . . No. 4966
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 Tewksbury.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
authorize forthwith the commissioner of capital asset management and maintenance to convey a
certain parcel of land in the town of Tewksbury, therefore it is hereby declared to be an
emergency law, necessary for the immediate preservation of the public convenience.
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. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the
2General Laws, or any other general or special law to the contrary, the commissioner of capital
3asset management and maintenance may convey to the town of Tewksbury, for use as a
4cemetery, a certain parcel of land being approximately 11.019 acres previously conveyed to the
5department of public health by deed recorded November 23, 1979 at the Middlesex north registry
6of deeds in book 2396, page 686 and shown as “parcel 62-19-3” on a plan of land on file with the
7division of capital asset management and maintenance entitled “Approval not Required Plan in
8the Town of Tewksbury, Massachusetts Middlesex County Owned by Commonwealth of
9Massachusetts Prepared for the Division of Capital Asset Management On Behalf of the 2 of 3
10Department of Conversation and Recreation”, dated September 12, 2012 and prepared by Nitsch
11Engineering, Inc.
12 (b) Prior to finalizing the transaction or making the conveyance authorized in subsection
13(a), the division of capital asset management and maintenance may make minor modifications to
14the area and plan in order to carry out the purposes of this section. The commissioner of capital
15asset management and maintenance shall establish the fair market value of the property for both
16the highest and best use of the property as currently encumbered and for the purposes described
17in subsection (a).
18 (c) Consideration for the parcel described in subsection (a) shall be fair market value of
19the parcel or the fair market value for the restricted use. If the consideration for the parcel
20conveyed in subsection (a) is less than fair market value, the commissioner shall place notice in
21the central register of the conveyance identifying the amount of the transaction and the difference
22between the calculated value and the price received.
23 SECTION 2. (a) Notwithstanding any general or special law to the contrary, the
24commissioner of capital asset management and maintenance, may convey to the town of
25Tewksbury, for recreational use, a certain parcel of land being approximately 0.517 acres and
26previously conveyed to the department of public health by deed recorded November 23, 1979 at
27the Middlesex north registry of deeds in book 2396, page 686 and shown as “parcel 62-19-2” on
28a plan of land on file with the division of capital asset management and maintenance entitled
29“Approval not Required Plan in the Town of Tewksbury, Massachusetts Middlesex County
30Owned by Commonwealth of Massachusetts Prepared for the Division of Capital Asset 3 of 3
31Management On Behalf of the Department of Conversation and Recreation”, dated September
3212, 2012 and prepared by Nitsch Engineering, Inc.
33 (b) Prior to finalizing the transaction or making the conveyance authorized in subsection
34(a), the division of capital asset management and maintenance may make minor modifications to
35the area and plan in order to carry out the purposes of this section. The commissioner of capital
36asset management and maintenance shall establish the value of the property for both the highest
37and best use of the property as currently encumbered and for the purposes described in
38subsection (a).
39 (c) Consideration for the parcel described in subsection (a) shall be fair market value of
40the parcel or the fair market value for the restricted use. If the consideration for the parcel
41conveyed in subsection (a) is less than fair market value, the commissioner shall place notice in
42the central register of the conveyance identifying the amount of the transaction and the difference
43between the calculated value and price received.
44 SECTION 3. The town of Tewksbury shall assume all reasonable costs associated with
45engineering, surveys, appraisals, deed preparation and other expenses deemed necessary by the
46commissioner of capital asset management and maintenance for the conveyances authorized in
47sections 1 and 2.