Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3435 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. 1271 FILED ON: 1/14/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3435
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David T. Vieira
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 grant
13	13	certain easements to the town of Bourne.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:David T. Vieira3rd Barnstable1/14/2025 1 of 3
17	17	HOUSE DOCKET, NO. 1271 FILED ON: 1/14/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 3435
19	19	By Representative Vieira of Falmouth, a petition (accompanied by bill, House, No. 3435) of
20	20	David T. Vieira (by vote of the town) that the commissioner of Capital Asset Management and
21	21	Maintenance be authorized to convey certain easements to the town of Bourne for subsurface
22	22	waterline purposes. State Administration and Regulatory Oversight. [Local Approval
23	23	Received.]
24	24	[SIMILAR MATTER FILED IN PREVIOUS SESSION
25	25	SEE HOUSE, NO. 4863 OF 2023-2024.]
26	26	The Commonwealth of Massachusetts
27	27	_______________
28	28	In the One Hundred and Ninety-Fourth General Court
29	29	(2025-2026)
30	30	_______________
31	31	An Act authorizing the commissioner of Capital Asset Management and Maintenance to grant
32	32	certain easements to the town of Bourne.
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 1. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General
36	36	2Laws or any general or special law to the contrary, the commissioner of capital asset
37	37	3management and maintenance, in consultation with the adjutant general, may convey to the town
38	38	4of Bourne permanent and temporary easements in lands of the commonwealth used for armory
39	39	5purposes located on Armory road, in the town of Bourne and shown on a plan on file with the
40	40	6clerk of the town of Bourne, entitled “Proposed Utility Easement Plan in Bourne, Mass. prepared
41	41	7for town of Bourne #31 Armory Road Map 19.4 Parcel 181” dated October 15, 2018 and
42	42	8prepared by Bracken Engineering, Inc. The exact boundaries of the easement areas shall be 2 of 3
43	43	9determined by the commissioner based upon a survey. The easements shall be granted solely for
44	44	10the purposes of installation, use, maintenance, repair and replacement of a subsurface waterline.
45	45	11The grant of the easements shall be subject to sections 2 to 4, inclusive, and such additional
46	46	12terms and conditions as the commissioner of capital asset management and maintenance, in
47	47	13consultation with the adjutant general, may reasonably require consistent with this act.
48	48	14 SECTION 2. The town of Bourne shall assume all costs associated with engineering,
49	49	15surveys, appraisals, deed preparation and other expenses necessary to execute the conveyances
50	50	16authorized in this act.
51	51	17 SECTION 3. An independent appraisal of the fair market value and value in use of the
52	52	18easements described in section 1 shall be prepared in accordance with the usual and customary
53	53	19professional appraisal practices by a qualified appraiser commissioned by the commissioner of
54	54	20capital asset management and maintenance. Consideration for the grants of the easements
55	55	21pursuant to section 1 shall be the full and fair market value or the value in proposed use,
56	56	22whichever is greater, as determined by the commissioner of capital asset management and
57	57	23maintenance. The commissioner of capital asset management and maintenance shall submit the
58	58	24appraisal to the inspector general for review and comment. The inspector general shall review
59	59	25and approve the appraisal and the review shall include an examination of the methodology
60	60	26utilized for the appraisal. The inspector general shall prepare a report of such review and file the
61	61	27report with the commissioner of capital asset management and maintenance. After receiving the
62	62	28report, the commissioner shall submit copies of the report to the house and senate committees on
63	63	29ways and means and the joint committee on state administration and regulatory oversight at least
64	64	3015 days prior to the execution of documents affecting the conveyances authorized in said section
65	65	311. 3 of 3
66	66	32 SECTION 4. No instrument executed pursuant to this act shall be valid unless it provides
67	67	33that the easements shall be used solely for the purposes described in section 1. The instruments
68	68	34authorized in said section 1 shall include a reversionary clause that stipulates the easements shall
69	69	35terminate, upon such terms and conditions as the commissioner of capital asset management and
70	70	36maintenance may determine, if the property ceases to be used for the express purposes
71	71	37authorized in this act. Prior to any reversion, the commissioner shall provide notice of any
72	72	38violations to the town of Bourne and the town may cure the violation to the satisfaction of the
73	73	39division. If any interest reverts to the commonwealth, any further disposition shall be subject to
74	74	40sections 34 to 37, inclusive, of chapter 7C of the General Laws and the prior approval of the
75	75	41general court.
76	76	42 SECTION 5. This act shall take effect upon passage.