Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4974 Compare Versions

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

Old	New	Differences
1	1	HOUSE . . . . . . . No. 4974
2	2	The Commonwealth of Massachusetts
3	3	______________________________________
4	4
5	5	HOUSE OF REPRESENTATIVES, August 1, 2024.
6	6	The committee on Ways and Means, to whom was referred the Senate
7	7	Bill authorizing the commissioner of capital asset management and
8	8	maintenance to convey certain parcels of land to the city of Westfield
9	9	(Senate, No. 2893), reports recommending that the same ought to pass
10	10	with an amendment striking all after the enacting clause and inserting in
11	11	place thereof the text contained in House document numbered 4974.
12	12	For the committee,
13	13	AARON MICHLEWITZ. 1 of 2
14	14	HOUSE . . . . . . . . . . . . . . . No. 4974
15	15	Text of an amendment, recommended by the committee on Ways and Means, to the Senate Bill
16	16	authorizing the commissioner of capital asset management and maintenance to convey certain
17	17	parcels of land to the city of Westfield (Senate, No. 2893). August 1, 2024.
18	18	The Commonwealth of Massachusetts
19	19	_______________
20	20	In the One Hundred and Ninety-Third General Court
21	21	(2023-2024)
22	22	_______________
23	23	By striking out all after the enacting clause and inserting in place thereof the following:–
24	24	1 SECTION 1. (a) Notwithstanding sections 34 to 37 of chapter 7C of the General Laws or
25	25	2any general or special law to the contrary, the commissioner of capital asset management and
26	26	3maintenance, in consultation with the commissioner of conservation and recreation, may convey
27	27	4to the city of Westfield for no monetary consideration the parcels of land described in subsection
28	28	5(b) which are currently under the care and control of the department of conservation and
29	29	6recreation, subject to the requirements of this act and to such additional terms and conditions as
30	30	7the commissioner of capital asset management and maintenance, in consultation with the
31	31	8commissioner of conservation and recreation, may prescribe. Prior to finalizing the transaction or
32	32	9making the conveyance authorized in this act, the division of capital asset management and
33	33	10maintenance may complete a survey of the parcels.
34	34	11 (b) The parcels of land referenced in subsection (a) contain approximately 13.23 acres
35	35	12and consist of: (1) parcels 1 to 28, inclusive, as shown on a plan entitled, “Plan of Land in the
36	36	13City of Westfield, Taken in Behalf of the Commonwealth of Massachusetts, Acting by the
37	37	14Department of Public Works, Under Chapter 790 of the Acts of 1949 and Chapter 513 of the 2 of 2
38	38	15Acts of 1939”, approved May 25, 1950, and recorded in the Hampden district registry of deeds in
39	39	16plan book 31, pages 27. Such land was acquired by an order of taking recorded in the Hampden
40	40	17district registry of deeds in book 2050, page 575; and (2) lots 17 and 25 as shown on a plan of
41	41	18land entitled “Subdivision of Lots A&B shown on plan filed with Cert. of Title No. 500 Registry
42	42	19District of Hampden County, Land in Westfield”, dated September 1916, identified as plan 5888-
43	43	20A filed with certificate of title number 500 in the Hampden registry district of the land court. The
44	44	21land was taken by the commonwealth for construction of a dike on the Westfield river by an
45	45	22order of taking recorded in the Hampden district registry of the land court as document number
46	46	2313615 and such land is currently held for conservation and recreation purposes.
47	47	24 (c) The parcels conveyed to the city of Westfield pursuant to this act shall be placed
48	48	25under the care and control of the division of parks and recreation in the department of public
49	49	26works in the city of Westfield. The parcels shall be held for conservation and recreation purposes
50	50	27and flood protection purposes including, but not be limited to, the construction and maintenance
51	51	28of a flood control levee and a recreational trail open to the public, subject to such reasonable
52	52	29rules and regulations as the city shall provide.
53	53	30 (d) The city of Westfield shall be responsible for all costs associated with the
54	54	31conveyances and releases authorized in this act including, but not limited to, any surveys,
55	55	32recordings and legal costs and any other expenses incurred by the commonwealth in connection
56	56	33with the conveyance and for all costs, liabilities and expenses of any nature and kind for its
57	57	34ownership, use, operation and maintenance, including, but not limited to, the associated flood
58	58	35control works under item 7822-01 of section 2 of chapter 790 of the acts of 1949, chapter 513 of
59	59	36the acts of 1939 and chapter 91 of the General Laws.