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