Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3934 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 1876 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3934
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michelle L. Badger and Kathleen R. LaNatra
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 establishing the town of Plymouth Land Bank.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle L. Badger1st Plymouth1/15/2025 1 of 34
16	16	HOUSE DOCKET, NO. 1876 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3934
18	18	By Representatives Badger of Plymouth and LaNatra of Kingston, a petition (subject to Joint
19	19	Rule 9) of Michelle L. Badger (by vote of the town) for legislation to establish a Plymouth land
20	20	bank in the town of Plymouth. Housing. [Local Approval Received.]
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE DOCKET, NO. 5523 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act establishing the town of Plymouth Land Bank.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. DEFINITIONS
32	32	2 For the purposes of this act, the words and phrases set forth in this section shall have the
33	33	3following meanings:
34	34	4 1.1.“Affordable Housing” shall mean either single family or multi-family housing
35	35	5that is deed restricted to provide for sale or rental only to those qualifying under state or federal
36	36	6programs, which are eligible to be counted towards Plymouth’s Subsidized Housing Inventory
37	37	7(SHI) as defined by the Commonwealth of Massachusetts Executive Office of Housing and
38	38	8Livable Communities (“EOHLC”), and where the cost for purchase or rent of any single family
39	39	9unit shall not exceed sixty percent (60%) of the annual median income (“AMI) established by the 2 of 34
40	40	10United States Department of Housing and Urban Development (“HUD”) for the Town of
41	41	11Plymouth or where the average cost for purchase or rent of units at any multi-family housing
42	42	12shall not exceed sixty percent (60%) of the AMI. At the discretion of the Land Bank
43	43	13Commission, Affordable Housing may include age restricted housing or veterans housing.
44	44	14 1.2.“Appointing Authority” shall mean any board, commission, committee or other
45	45	15body as designated in Section 3.1.2. herein which appoints Commissioners to the Land Bank
46	46	16Commission.
47	47	17 1.3 “Commissioner” shall refer to the members of the Town of Plymouth Land Bank
48	48	18Commission.
49	49	19 1.3.“Fund” shall refer to the Town of Plymouth Land Bank Fund established under
50	50	20the provisions of section eight.
51	51	21 1.4.“Institutional Lender” shall mean any bank as defined in section one of chapter
52	52	22one hundred and sixty-seven of the General Laws, any insurance company as defined in section
53	53	23one of chapter one hundred and seventy-five of the General Laws, and any mortgage company or
54	54	24investment company that made more than twenty mortgage loans in the calendar year preceding
55	55	25the year of the relevant mortgage for the purposes of subsection (m) of section twelve, and any
56	56	26national bank, federal savings and loan, federal savings bank, bank holding company, or state or
57	57	27federally chartered credit union.
58	58	28 1.5.“Land Bank, shall mean the Town of Plymouth Land Bank, established by section
59	59	29two. 3 of 34
60	60	30 1.6.“Land Bank Commission” or “Commission” shall mean the Town of Plymouth
61	61	31Land Bank Commission, established by section three.
62	62	32 1.7.“Land Use Category” shall refer to the category or categories as enumerated in
63	63	33section five defining the use or uses for which real property interests obtained by the Land Bank
64	64	34may be used.
65	65	35 1.8.“Legal representative” with respect to any person or entity, shall mean any other
66	66	36person acting pursuant to a written power-of-attorney, guardianship, conservatorship, or similar
67	67	37authority ordered by a court of law or executed by such person or entity; provided, however, that
68	68	38any affidavit attesting to the true and complete purchase price of real property, submitted to the
69	69	39land bank commission pursuant to section ten, may also be signed on behalf of such person or
70	70	40entity by an attorney admitted to practice in the Commonwealth.
71	71	41 1.9.“Purchaser” shall mean the transferee, grantee or recipient of any Real Property
72	72	42Interest(s).
73	73	43 1.10.“Purchase price” shall mean all consideration paid or transferred by or on behalf
74	74	44of a purchaser to a seller or their nominee, or for their benefit, for the transfer of any real
75	75	45property interest, and shall include, but not be limited to, all cash or its equivalent so paid or
76	76	46transferred, all cash or other property paid or transferred by or on behalf of the purchaser to
77	77	47discharge or reduce any obligation of the seller; the principal amount of all notes or their
78	78	48equivalent, or other deferred payments, given or promised to be given by or on behalf of the
79	79	49purchaser to the seller or his nominee; the outstanding balance of all obligations of the seller
80	80	50which are assumed by the purchaser or to which the real property interest transferred remains
81	81	51subject after the transfer, determined at the time of transfer but excluding real estate taxes and 4 of 34
82	82	52other municipal liens or assessments which are not overdue at the time of the transfer; and the
83	83	53fair market value at the time of transfer of any other consideration or thing of value paid or
84	84	54transferred by or on behalf of the purchaser, including, but not limited to, any property, goods or
85	85	55services paid, transferred or rendered in exchange for such real property interest.
86	86	56 1.11.“Real Property Interest” shall mean any present or future legal equitable interest
87	87	57in or to real property, including the option to purchase or a contractual interest in the purchase or
88	88	58sale of real property, and any beneficial interest therein, including the interest of any beneficiary
89	89	59in a trust which holds any legal or equitable interest in real property, but shall not include any
90	90	60interest which is limited to any or all of the following: the dominant estate in any easement or
91	91	61right of way; the right to enforce any restriction; any estate at will or at sufferance, and any estate
92	92	62for years having a term of less than thirty years; the reversionary right, condition, or right of
93	93	63entry for condition broken; the interest of a mortgagee or other secured party in any mortgage or
94	94	64security agreement; the interest of a stockholder in a corporation, or a partner in a partnership,
95	95	65unless it constitutes a transfer of a majority interest in such entity, changes the majority interest
96	96	66holder of such entity, or any real property interest has been transferred to such entity for the
97	97	67purpose of evading the fee imposed by section ten, or the creation of an affordable housing deed
98	98	68restriction.
99	99	69 1.12 “Residence” shall refer to any single or multi-family dwelling purchased for owner
100	100	70occupancy.
101	101	71 1.13.“Seller” shall refer to the transferor, grantor or immediate former owner of any
102	102	72real property interests. 5 of 34
103	103	73 1.14.“Time of Transfer” of any Real Property Interest shall mean, at the time that such
104	104	74transfer is legally effective as between the parties thereto, and, in any event, with respect to a
105	105	75transfer evidenced by an instrument recorded with the Plymouth County registry of deeds or filed
106	106	76with the assistant recorder of the Plymouth County registry district not later than the time of such
107	107	77recording or filing.
108	108	78 1.15.“Transfer”, shall mean the event conveying legal interest in any Real Property
109	109	79Interest as effectuated by the parties thereto including, but not limited to, the execution of
110	110	80agreements, the payment of consideration, or the recording of any instrument with the
111	111	81appropriate registry of deeds or filed with the assistant recorder of the appropriate registry
112	112	82district.
113	113	83 1.16.“Town” shall refer to the Town of Plymouth, Massachusetts.
114	114	84 1.17.“Transaction Fee” shall refer to the fee paid to the Land Bank upon the transfer of
115	115	85any real property interest in any real property situated within the Town.
116	116	86 SECTION 2. ESTABLISHMENT
117	117	87 2.1. There is hereby established a Town of Plymouth Land Bank, to be administered by a
118	118	88Land Bank Commission established by section three, for the purpose of acquiring, holding, and
119	119	89managing land and interests in the categories set forth in section five, and funds related thereto.
120	120	90 2.2 The Land Bank is hereby constituted a body politic and corporate and a public
121	121	91instrumentality, and the exercise of the powers herein conferred upon the Land Bank shall be
122	122	92deemed to be the performance of an essential governmental function. 6 of 34
123	123	93 2.3. This act shall not affect the eligibility of the Town to receive funds under the land
124	124	94conservation program created under section eleven of chapter one hundred and thirty-two A of
125	125	95the General Laws, or under any similar state program, or under any federal program.
126	126	96 SECTION 3. LAND BANK COMMISSION
127	127	97 3.1.Composition
128	128	98 3.1.1.The Land Bank shall be administered by a Land Bank Commission consisting of
129	129	99nine Commissioners.
130	130	100 3.1.2.The Land Bank Commissioners shall be appointed by the Town as follows:
131	131	101 Executive (Currently Select Board):2 appointees
132	132	102 Legislative (Currently Town Meeting
133	133	103 Appointed through the COPC) 2 appointees
134	134	104 Planning Board: 2 appointees
135	135	105 Affordable Housing Trust: 1 appointee
136	136	106 Open Space Committee: 1 appointee Land Use and Acquisition Committee:1
137	137	107appointee
138	138	108 3.1.3.No Appointing Authority may appoint one of its own members, and in the case of
139	139	109any Appointing Authority representing a larger body, may not appoint a member of such larger
140	140	110body.
141	141	111 3.1.4.All Commissioners must be legal residents of the Town. 7 of 34
142	142	112 3.1.5.No Commissioner may be an elected official of the Commonwealth of
143	143	113Massachusetts, Plymouth County, or the Town.
144	144	114 3.1.6.All Commissioner appointments to the Land Bank shall be made upon acceptance
145	145	115of this Act, in a publicly advertised, open session of such Appointing Authority comporting with
146	146	116the Open Meeting Laws.
147	147	117 3.1.7.Should any appointing body(ies) be eliminated or dissolved by the Town, any
148	148	118Commissioner(s) appointed by such body(ies) shall retain their position through their existing
149	149	119term, and the Land Bank Commission shall select a replacement Appointing Authority or
150	150	120Authorities within the sooner of ninety (90) days from the elimination or dissolution of the
151	151	121Appointing Authority or thirty (30) days before the expiring term of any Commissioner
152	152	122appointed by an eliminated or dissolved Appointing Authority.
153	153	123 3.2.Term of Office
154	154	124 The term of office for Commissioners shall be established as follows:
155	155	125 3.2.1Each Commissioner is to be appointed to a three (3) year term.
156	156	126 3.2.2The initial terms, drawn by lot by the initial nine appointed Commissioners, shall
157	157	127be staggered so that following the initial appointment of Commissioners three (3)
158	158	128Commissioners are appointed each year.
159	159	129 3.3Removal from Office
160	160	130 3.3.1.A Commissioner shall automatically cease office without further action necessary
161	161	131by the Commission or any Appointing Authority once they are no longer eligible to serve as a
162	162	132Commissioner per the terms of this Act. 8 of 34
163	163	133 3.3.1.1. The term of a Commissioner who is elected to a State, Plymouth County,
164	164	134or Town position shall cease effective the date the Commissioner takes the oath of office or
165	165	135otherwise commences serving in such position, whichever is earlier.
166	166	136 3.3.2.A Commissioner may be removed from office for one of the following reasons:
167	167	137 3.3.2.1. They are no longer eligible to serve as a Commissioner per the terms
168	168	138hereunder;
169	169	139 3.3.2.2. They fail to attend more than fifty percent (50%) of the Commission
170	170	140meetings in any twelve-month period;
171	171	141 3.3.2.3. They have been convicted of a crime either involving fraud or dishonesty
172	172	142or which requires the serving of any prison or jail sentence;
173	173	143 3.3.2.4. They have been found by the State Ethics Commission to have committed
174	174	144a material violation of the State ethics law;
175	175	145 3.3.2.5. They are no longer able to carry out the required functions of the position
176	176	146of Commissioner due to disability or incapacity; or
177	177	147 3.3.2.6. They have failed or refused to follow the rules for the Land Bank as
178	178	148established herein or by the Commission.
179	179	149 3.3.3.Process for Removal of a Commissioner:
180	180	150 3.3.3.1. A Commissioner may be removed by either the Commission or the
181	181	151Appointing Authority for that Commissioner. 9 of 34
182	182	152 3.3.3.2. Removal of a Commissioner shall be undertaken at a hearing before the
183	183	153body seeking to remove the Commissioner (either the Commission or the Appointing Authority)
184	184	154for which at least seven (7) days written notice has been provided to the Commissioner to be
185	185	155removed. At such hearing, the basis for removal shall be presented and the Commissioner to be
186	186	156removed shall be permitted to provide argument as to why removal is either inappropriate or
187	187	157should not be exercised; and
188	188	158 3.3.3.2. At least two-thirds (2/3) of all Commissioners (excluding the
189	189	159Commissioner whose removal is being sought) or members of the Appointing Authority must
190	190	160vote in favor of removing the Commissioner for removal to occur.
191	191	161 3.3.4.Appointment following Removal or Resignation. In the event a Commissioner
192	192	162resigns, is no longer eligible to serve, or is removed, the Appointing Authority for such
193	193	163Commissioner shall appoint a replacement for the remaining term of that Commissioner.
194	194	164 3.4.Secretary of Energy and Environmental Affairs
195	195	165 The Secretary of the Commonwealth of Massachusetts Executive Office of Energy and
196	196	166Environmental Affairs, or such similar position as may be established by the Commonwealth, or
197	197	167their designee (“Secretary”) shall be a non-voting member of the Land Bank Commission. The
198	198	168presence or absence of the Secretary shall not count towards the quorum count for the
199	199	169Commission.
200	200	170 3.5.Compensation of Commissioners 10 of 34
201	201	171 Commissioners shall serve without compensation. With pre-approval of the Commission,
202	202	172a Commissioner may be reimbursed expenses for a specific event in an amount not to exceed
203	203	173$3,000.
204	204	174 3.6.Rules
205	205	175 The Commissioners shall create and adopt the permanent operational rules for the Land
206	206	176Bank Commission.
207	207	177 3.7.Organization
208	208	178 3.7.1.The Land Bank Commission shall elect a chair and a vice chair from among its
209	209	179regular members.
210	210	180 3.7.2.The Land Bank Commission shall have a secretary and a treasurer, either or both
211	211	181of whom may be Commissioners or who may be nonmembers specially retained by the
212	212	182Commission.
213	213	183 3.7.3.The Land Bank Commission shall reorganize at least once per year following the
214	214	184appointment and/or reappointment of members but may reorganize at any time by majority vote
215	215	185of all Commissioners.
216	216	186 3.8.Management Plan
217	217	187 The Land Bank Commission shall adopt a management plan for managing each of its
218	218	188land holdings in a manner consistent with section five. In preparing a management plan for any
219	219	189parcel of land, the Land Bank Commission shall use, as guidelines, the Master Plan, Open Space
220	220	190Plan, and Housing Production Plan of the Town. 11 of 34
221	221	191 3.9.Voting
222	222	192 3.9.1.Other than as otherwise specified herein, decisions of the Land Bank Commission
223	223	193shall be by majority vote of those Commissioners present and voting at a meeting, and no
224	224	194business shall be transacted at any meeting unless a majority of the Commissioners is present.
225	225	195 3.9.2.Decisions to acquire interests in land and to request state approval of any
226	226	196proposed disposition of an interest in any parcel of land or of any change in its use shall require
227	227	197the affirmative vote of six of the nine Commissioners.
228	228	198 3.10.Records
229	229	199 The Land Bank Commission shall keep accurate records of its meetings and actions and
230	230	200shall file an annual report with the Town.
231	231	201 3.10. Public Meetings
232	232	202 All Land Bank Commission meetings shall be subject to the terms of the State Open
233	233	203Meeting Law.
234	234	204 SECTION 4 AUTHORITY
235	235	205 The Land Bank Commission shall, subject to the provisions of this Act, have the power
236	236	206and authority to do the following:
237	237	207 4.1.General Powers
238	238	208 4.1.1.Acquire, by purchase or gift, any Real Property Interest within the Town suitable
239	239	209for the types of uses set forth in section five, including any improvements thereon; provided, 12 of 34
240	240	210however, that the Land Bank Commission shall, in considering any such acquisition, use as
241	241	211guidelines the Open Space, Housing Production, and Master Plans of the Town.
242	242	212 4.1.2.Accept gifts of funds to further the purposes of the Land Bank.
243	243	213 4.1.3.Recommend to the Town that it take any interests in land by eminent domain
244	244	214pursuant to chapter seventy-nine of the General Laws, but only after having first made a
245	245	215reasonable effort to negotiate the acquisition and purchase thereto prior to recommending such
246	246	216taking.
247	247	217 4.1.4.Dispose of or lease all or any part of its interests in any parcel of land or change
248	248	218the use of such parcel.
249	249	219 4.1.4.1. With respect to lands held solely in Land Use Category 5.1. herein, such
250	250	220change of use or disposal shall also require the approval of the Secretary of the Executive Office
251	251	221of Energy and Environmental Affairs and be subject to the provisions of Article XCVII of the
252	252	222Articles of Amendment to the Constitution of the Commonwealth, to the extent applicable.
253	253	223 4.1.5.Incur debt, pledging the full faith and credit of the Town, but only after having
254	254	224been authorized to do so in each instance by a two-thirds majority vote of the Town Meeting.
255	255	225 4.1.6.Prepare an annual budget.
256	256	226 4.1.7.Hire such staff and obtain such professional services and guidance as are
257	257	227necessary in order to perform its duties, including conferring with Town staff and officials.
258	258	228 4.1.8.Administer and manage its interests in any parcel of land in a manner consistent
259	259	229with section five and with the land management plan adopted for such parcel under section three
260	260	230G. 13 of 34
261	261	231 4.1.9.Expend funds to supplement municipal, state or federal funds for the purchase of
262	262	232interests in land of the types set forth in section five.
263	263	233 4.1.10.Adopt such regulations and procedures as it deems necessary or appropriate,
264	264	234subject to the provisions of this act, regarding the use and investment of its funds and the keeping
265	265	235of records and accounts.
266	266	236 4.2.Bonds and Notes
267	267	237 4.2.1.The Land Bank is hereby empowered to issue bonds or notes for the purpose of
268	268	238acquiring land and interests in land as provided in section four. The proceeds of such bonds or
269	269	239notes may be used to pay, in whole or in part, acquisition costs; to provide reserves for debt
270	270	240service and other expenses; to pay consulting, appraisal, advisory and legal fees and costs
271	271	241incidental to the issuance and sale of such bonds or notes; to purchase, refund or renew bonds or
272	272	242notes previously issued; and to pay any other costs and expenses of the Land Bank necessary for
273	273	243the accomplishment of its purposes.
274	274	244 4.2.2.The Land Bank Commission shall have full power and authority to determine the
275	275	245amount, form, terms, conditions, provisions for the payment of interest and all other details of
276	276	246bonds or notes issued under this act, and to provide for their sale and issuance at such price and
277	277	247in such manner as the Land Bank Commission shall determine, subject only to any limitations set
278	278	248forth in this act.
279	279	249 4.2.3.The Land Bank Commission may enter into any agreements, including without
280	280	250limitation a loan agreement and a trust agreement, necessary to effectuate and to secure any
281	281	251bonds or notes issued by the Land Bank. Such agreements may pledge or assign, in whole or in
282	282	252part, the revenues and other money held or to be received by the Land Bank. Such 14 of 34
283	283	253agreements may contain provisions for protecting and enforcing the rights, security and remedy
284	284	254of the holders of such bonds or notes including, without limiting the generality of the foregoing,
285	285	255provisions defining defaults and providing for remedies in the event thereof which may include
286	286	256the acceleration of maturities and covenants setting forth the duties of, and limitations on,
287	287	257the land bank in relation to the custody, safeguarding, investment and application of money, the
288	288	258issuance of additional debt obligations, the use of any surplus proceeds of the borrowing,
289	289	259including any investment earnings thereon, and the establishment of special funds and reserves.
290	290	260 4.2.4.The pledge of any such agreement shall be valid and binding and shall be deemed
291	291	261continuously perfected for the purposes of the Uniform Commercial Code from the time when
292	292	262the pledge is made; the revenues, money, rights and proceeds so pledged and then held or
293	293	263thereafter acquired or received by the Land Bank shall immediately be subject to the lien of such
294	294	264pledge without any physical delivery or segregation thereof or further act; and the lien of any
295	295	265such pledge shall be valid and binding against all parties having claims of any kind in tort,
296	296	266contract or otherwise against the Town, irrespective of whether such parties have notice thereof.
297	297	267No document by which a pledge is created need be filed or recorded except in the records of the
298	298	268Land Bank and no filing need be made under the Uniform
299	299	269 Commercial Code.
300	300	270 4.2.5.The trustee with respect to any such trust agreement entered into pursuant to this
301	301	271section shall be a trust company or a bank having the powers of a trust company within the
302	302	272Commonwealth. Any such trust agreement may provide that any money received thereunder
303	303	273may be held, deposited or invested by the trustee, notwithstanding the provisions of section
304	304	274eight, pending the disbursement thereof, in any deposits or investments which are lawful for the 15 of 34
305	305	275funds of savings banks and shall provide that any officer with whom or any bank or trust
306	306	276company with which such money shall be deposited shall act as trustee of such money and shall
307	307	277hold and apply the same for the purposes hereof and thereof, subject to such regulation or
308	308	278limitation as this act or such trust agreement may provide.
309	309	279 4.2.6.It shall be lawful for any bank or trust company within the commonwealth to act
310	310	280as depository of the proceeds of bonds, revenues or other money hereunder and to furnish such
311	311	281indemnifying bonds or to pledge such security, if any, as may be required by the Land Bank
312	312	282Commission.
313	313	283 4.2.7.Any trust agreement entered into pursuant to this section may set forth the rights
314	314	284and remedies of the holders of any bonds and of the trustee and may restrict the individual right
315	315	285of action by any such holders. In addition, any such trust agreement may contain other such
316	316	286provisions as the Land Bank Commission may deem reasonable and proper.
317	317	287 4.2.8.All expenses incurred in carrying out the provisions of such trust agreement may
318	318	288be (i) treated as part of the cost of operation of the Land Bank and (ii) paid from the revenues or
319	319	289other funds pledged or assigned to the payment of the principal of and the premium, if any, and
320	320	290interest on the bonds or from any other funds available to the Land Bank.
321	321	291 4.2.9.In addition to other security provided herein or otherwise by law, bonds or notes
322	322	292issued under this section may be secured, in whole or in part, by insurance or by letters or lines
323	323	293of credit or other credit facilities issued to the Land Bank by any bank, trust company or other
324	324	294financial institution, within or without the commonwealth, and the Land Bank may pledge or
325	325	295assign any of its revenues as security for the reimbursement by the Land Bank to the issuers of
326	326	296such letters or lines of credit, insurance or credit facilities of any payments made hereunder. 16 of 34
327	327	297 4.3.Definition as Securities
328	328	298 4.3.1.Bonds or notes issued under the provisions of this act are hereby made securities
329	329	299in which all public officers and public bodies of the Commonwealth and its political
330	330	300subdivisions, all insurance companies, trust companies in their commercial departments, savings
331	331	301banks, cooperative banks, banking associations, investment companies, executors,
332	332	302administrators, trustees and other fiduciaries may properly and legally invest funds, including
333	333	303capital in their control or belonging to them. Such bonds and notes are hereby made securities
334	334	304which may properly and legally be deposited with and received by any state or municipal officer
335	335	305or any agency or political subdivision of the Commonwealth for any purpose for which the
336	336	306deposit of bonds or obligations of the Commonwealth is now or may hereafter be authorized by
337	337	307law.
338	338	308 4.3.2.Notwithstanding any of the provisions of this act or any recitals in any bonds
339	339	309issued under this act, all such bonds shall be deemed to be investment securities under the
340	340	310Uniform Commercial Code.
341	341	311 4.4.Consent of Town
342	342	312 Bonds and notes may be issued by the Land Bank Commission under this act without
343	343	313obtaining the consent of any department, division, commission, board, bureau or agency of the
344	344	314Town, except that if the Town is pledging its full faith and credit to secure an issue of such bonds
345	345	315or notes of the Land Bank, they must be authorized by the appropriate two-thirds vote or votes of
346	346	316the Town Meeting or any other Town boards authorized to issue such bonds and notes on behalf
347	347	317of the Town.
348	348	318 4.5.Revenue 17 of 34
349	349	319 4.5.1.The Land Bank and all its revenues, income and real and personal property used
350	350	320solely by the Land Bank in furtherance of its public purposes shall be exempt from taxation and
351	351	321from betterments and special assessments and the land bank shall not be required to pay any tax,
352	352	322excise or assessment to or for the Commonwealth or any of its political subdivisions.
353	353	323 4.5.2.Bonds and notes issued by the Land Bank, their transfer and the income
354	354	324therefrom, including any profit made on the sale thereof, shall at all times be exempt from
355	355	325taxation within the Commonwealth. The provisions of section twenty-seven C of chapter
356	356	326twenty-nine of General Laws shall not apply to this section or any other provisions of this
357	357	327chapter.
358	358	328 SECTION 5. LAND USE CATEGORIES
359	359	329 Real Property Interests to be acquired and held by the Land Bank shall be situated in the
360	360	330Town and may be used for the following intended purposes:
361	361	331 5.1.Natural, Open Space, and Passive Recreational Land Category Land within this
362	362	332category includes:
363	363	333 5.1.1.agricultural land;
364	364	334 5.1.2.forest land;
365	365	335 5.1.3.fresh water and saltwater marshes and other wetlands;
366	366	336 5.1.4.ocean and pond frontage, beaches, dunes and adjoining backlands;
367	367	337 5.1.5.land for nature or wildlife preserves;
368	368	338 5.1.6.easements for trails and for publicly owned lands; 18 of 34
369	369	339 5.1.7.land to protect existing and future wells, well fields, aquifers and recharge areas;
370	370	340and
371	371	341 5.1.8.land for passive recreational use.
372	372	342 5.2.Active Recreational Land Category
373	373	343 Land in this category includes land used or to be used for outdoor recreation that requires
374	374	344significant alteration of the natural landscape to provide playground or active sports facilities.
375	375	345These include, but are not limited to, sport courts, ball fields, swimming pools or spray pads,
376	376	346paved bike or walking trails, golf courses, marinas, enclosed dog parks, boat rentals, concession
377	377	347stands, community gardens, outdoor skating rinks, locker-room buildings, bleachers or stands, or
378	378	348other needed facilities.
379	379	349 5.3.Municipal Use Category
380	380	350 5.3.1.Land designated under this category may be used for public purposes and
381	381	351facilities including, but not limited to, municipal wells, public safety facilities, schools and other
382	382	352educational facilities, community centers, public meeting facilities, libraries, municipal
383	383	353maintenance areas, and administration facilities.
384	384	354 5.3.2.Land designated under this category may be converted to use for any other
385	385	355category by majority vote of the Land Bank Commission.
386	386	356 5.4.Affordable Housing Category
387	387	357 Land under this category may be used by the Town or transferred to private developers
388	388	358for construction of single or multi-family housing as long as at least 50% of the housing units
389	389	359developed are deed restricted Affordable Housing as defined herein. Funds may also be used to 19 of 34
390	390	360“buy down” the Area Median Income (AMI) level of deed restricted affordable housing units to
391	391	361meet the Affordable Housing definition herein.
392	392	362 5.5.When obtaining any Real Property Interest, the Land Bank Commission shall
393	393	363identify the Land Use Category(ies) in which such real property falls and identify such
394	394	364category(ies) in the management plan for such real property. Real Property Interests may be
395	395	365identified as falling within multiple categories as potentially applicable to future use(s).
396	396	366 SECTION 6. MAINTENANCE AND IMPROVEMENTS TO REAL PROPERTY
397	397	367 6.1.The Land Bank Commission shall maintain any Real Property Interest obtained
398	398	368pursuant to this act as follows:
399	399	369 6.1.1.Natural, Scenic, Open Space, Passive Recreational Land Category
400	400	370 Land in this category is expected to be kept predominantly in its natural, scenic or open
401	401	371condition. However, the Land Bank Commission may make improvements to any land in this
402	402	372category not inconsistent with such use. With respect to any such improvements, the Land Bank
403	403	373Commission shall not permit any of the following without the approval of the Secretary of the
404	404	374Executive Office of Energy and Environmental Affairs:
405	405	375 6.1.1.1. Construction or placing of buildings, roads, billboards or commercial
406	406	376advertising, utilities or other structures on or above the surface, other than those ancillary to the
407	407	377use of the land. Ancillary uses shall include, but not be limited to, creating parking areas,
408	408	378facilities for community or public safety use, and trails or walkways to allow access to persons of
409	409	379all abilities. 20 of 34
410	410	380 6.1.1.2. Dumping or placing of soil or other substance or material as landfill, or
411	411	381dumping or placing of trash, waste or unsightly or offensive materials.
412	412	382 6.1.1.3. Removal or destruction of trees, shrubs or other vegetation other than for
413	413	383general maintenance or for ancillary uses.
414	414	384 6.1.1.4. Excavation, dredging or removal of loam, peat, sand, gravel, soil, rock or
415	415	385other mineral substance in such manner as to affect the surface.
416	416	386 6.1.1.5. Operation of motorized vehicles use except for maintenance and public
417	417	387safety purposes.
418	418	388 6.1.1.6. Activities detrimental to drainage, flood control, water conservation,
419	419	389erosion control or soil conservation.
420	420	390 6.1.1.7. Other acts or uses detrimental to the intended public use of such land or
421	421	391water areas.
422	422	392 In determining whether or not to approve of a request from the Land Bank Commission,
423	423	393the Secretary shall consider whether such request is in the interest of conservation and any
424	424	394natural, state, regional or local program in furtherance thereof, and also any public, state,
425	425	395regional or local comprehensive land use or development plan affecting the land and known
426	426	396proposals by a governmental body for use of the land.
427	427	397 6.1.2.Active Recreational Land Category
428	428	398 Land in this category may be improved by or with the approval of the Land Bank to
429	429	399accommodate sporting or recreational uses appropriate to the setting and location. 21 of 34
430	430	400 6.1.3.Municipal Use Category
431	431	401 6.1.3.1. Land designated under this category may be improved as necessary to
432	432	402achieve designated public purposes.
433	433	403 6.1.3.2. Land which becomes designated by the Land Bank Commission for a
434	434	404specific municipal purpose shall be transferred to the Town, which shall thereafter assume all
435	435	405responsibility for its maintenance and development.
436	436	406 6.1.3.3. Land designated under this category may be converted at any time while
437	437	407under the control of the Land Bank to use for any other category by affirmative vote of at least
438	438	408two thirds of the Commissioners present and voting.
439	439	409 6.1.4.Affordable Housing Category
440	440	410 Land in this category may be improved to create Affordable Housing appropriate to the
441	441	411setting, location, and needs of the community.
442	442	412 6.2.With respect to land designated for use under sections 6.1.1 and 6.1.2, neither the
443	443	413Land Bank Commission nor the Town shall restrict access on the basis of residency or domicile.
444	444	414 SECTION 7. REPORTING
445	445	415 The Land Bank Commission shall file a report at least annually with the Secretary of the
446	446	416Executive Office of Energy and Environmental Affairs, the Housing Authority, and the Town
447	447	417setting forth its activities during the year preceding such filing. The report shall list all Real
448	448	418Property Interests currently held by the Land Bank, including a description thereof and the Land
449	449	419Use Category(ies) in which it falls; a list of acquisitions and dispositions of real property
450	450	420interests by the Land Bank; and a list of improvements made to real property by the Land Bank 22 of 34
451	451	421during such year. The report shall also include a current plan for its future operations which
452	452	422shall be, as far as possible, consistent with the Open Space and Master Plans of the Town. The
453	453	423report shall also provide such other information reasonably requested by the Secretary of the
454	454	424Executive Office of Energy and Environmental affairs.
455	455	425 SECTION 8. FINANCES
456	456	426 8.1.The Land Bank Commission shall meet its financial obligations by drawing upon
457	457	427a dedicated fund, to be set up as an account at an FDIC insured financial institution within the
458	458	428Town. Deposits into the fund shall include:
459	459	429 8.1.1.Funds appropriated, borrowed or transferred to be deposited into the fund by the
460	460	430Town Meeting;
461	461	431 8.1.2.Voluntary contributions of money and other liquid assets to the fund;
462	462	432 8.1.3.Revenues from fees imposed upon the transfer of real property interests as set
463	463	433forth in section ten occurring after the effective date of this Act as set forth in section fifteen;
464	464	434 8.1.4.Proceeds from disposal or transfer of any real property or interests; and
465	465	435 8.1.5.Funds received from any federal, state, region, district or municipal source.
466	466	436 8.2.Grants or gifts of money or other assets to the Land Bank shall be expended only
467	467	437for the purposes of the grant or gift and subject to any restrictions or limitations imposed thereon
468	468	438by the grantor or donor thereof.
469	469	439 8.3.All expenses lawfully incurred by the Land Bank Commission in carrying out the
470	470	440provisions of this act shall be evidenced by proper vouchers and shall be paid by the authorized 23 of 34
471	471	441Land Bank Financial Officer or Director only upon submission of requests duly approved by the
472	472	442Land Bank Commission.
473	473	443 8.4.The Land Bank Commission shall prudently manage available assets of the fund
474	474	444in accordance with the regulations and procedures adopted by the Land Bank Commission
475	475	445pursuant to clause (j) of section four, and all income thereon shall accrue to the fund.
476	476	446 8.5.The Land Bank Commission shall keep a full and accurate account of its action
477	477	447including a record as to whom, from or to whom, and on what account money has been paid or
478	478	448received relative to this act, and as to when, from and to whom and for what consideration real
479	479	449property interests have been acquired, improved or disposed of. Said records or accounts shall be
480	480	450subject to examination by the director of accounts or his agent pursuant to section forty-five of
481	481	451chapter thirty-five of the General Laws.
482	482	452 SECTION 9. TRANSACTION FEES
483	483	453 9.1.There is hereby imposed a Transaction Fee equal to two per cent of the purchase
484	484	454price upon the Transfer of any real property interest in any real property situated in the Town.
485	485	455 9.2.The fee percentage shall be reviewed at the first meeting of the Land Bank
486	486	456Commission each calendar year and may be reduced or raised at such time by a two-thirds vote
487	487	457of the Land Bank Commission; provided, however, that:
488	488	458 9.2.1.At no time may the fee percentage drop below one percent (1%) or rise above two
489	489	459percent (2%).
490	490	460 9.2.2.No reduction in the fee percentage shall take effect until all bonds and notes of the
491	491	461Land Bank issued prior thereto pursuant to section 4.2 shall have been paid in full. 24 of 34
492	492	462 9.3.The Transaction Fee shall be the liability of the purchaser of such real property
493	493	463interest, and any agreement between the purchaser and the seller or any other person with
494	494	464reference to the allocation of the responsibility for bearing said fee shall not affect such liability
495	495	465of the purchaser.
496	496	466 9.4.The Transaction Fee shall be paid to the Land Bank Commission or its designee,
497	497	467and shall be accompanied by a copy of the deed or other instrument evidencing such transfer, if
498	498	468any, and an affidavit signed under oath or under the pains and penalties of perjury by the
499	499	469purchaser or his legal representative, attesting to the true and complete purchase price and the
500	500	470basis, if any, upon which the transfer is claimed to be exempt in whole or in part from the fee
501	501	471imposed hereby. The Land Bank Commission, or its designee, shall promptly thereafter execute
502	502	472and issue a certificate indicating that the appropriate fee has been paid or that the transfer is
503	503	473exempt from the fee, stating the basis for the exemption.
504	504	474 9.5.The register of deeds for Plymouth County, and the assistant recorder for the
505	505	475registry district of Plymouth County, shall not record or register, or receive, or accept for
506	506	476recording or registration, any deed, except a mortgage deed, relative to a real property interest in
507	507	477land situated in the Town to which has not been affixed such a certificate, executed by the Land
508	508	478Bank Commission or its designee. Failure to comply with this requirement shall not affect the
509	509	479validity of any instrument.
510	510	480 9.6.The Transaction Fee imposed hereunder shall be due simultaneously with the time
511	511	481of transfer upon which it is imposed.
512	512	482 9.7.The Land Bank Commission shall deposit all Transaction Fees received hereunder
513	513	483into the fund established by section eight. 25 of 34
514	514	484 SECTION 10 RECISSION
515	515	485 At any time within fourteen (14) days following the issuance of the certificate of payment
516	516	486of the Transaction Fee imposed by section ten, the purchaser or his legal representative may
517	517	487return said certificate to the Land Bank Commission or its designee for cancellation, together
518	518	488with an affidavit signed under oath or under the pains and penalties of perjury attesting that the
519	519	489transfer, with respect to which such certificate was issued, has not been consummated, and
520	520	490thereupon the fee paid with respect to such transfer shall be forthwith returned to the purchaser
521	521	491or his legal representative.
522	522	492 SECTION 11. EXEMPTIONS
523	523	493 11.1.The following Transfers of Real Property Interests shall be exempt from the fee
524	524	494established by section ten:
525	525	495 11.1.1.Transfers to the government of the United States, the Commonwealth, the Town,
526	526	496and any of their instrumentalities, agencies or subdivisions.
527	527	497 11.1.2.Transfers which, without additional consideration, confirm, correct, modify or
528	528	498supplement a transfer previously made.
529	529	499 11.1.3.Transfers made as gifts without consideration, but only if at the time of Transfer
530	530	500the purchaser is a lineal family member (ancestor, spouse, sibling, or descendent) by blood,
531	531	501adoption, or marriage.
532	532	502 11.1.3.1.In any proceeding to determine the amount of any fee due hereunder, it
533	533	503shall be presumed that any Transfer for consideration of less than fair market value of the Real
534	534	504Property Interests transferred was made as a gift without consideration to the extent of the 26 of 34
535	535	505difference between the fair market value of the real property interests transferred and the amount
536	536	506of consideration claimed by the purchaser to have been paid or transferred, but only if the
537	537	507purchaser shall have been at the time of transfer the spouse, the sibling, the lineal descendant, or
538	538	508the lineal ancestor of the seller, by blood, adoption or marriage.
539	539	509 11.1.3.2.In all other instances, it shall be presumed that consideration was paid in
540	540	510an amount equal to the fair market value of the real property interests transferred, at the time of
541	541	511transfer. regardless as to the actual amount exchanged.
542	542	512 11.1.4.Transfers to the trustees of a trust in exchange for a beneficial interest received by
543	543	513the seller in such trust or distribution by the trustees of a trust to the beneficiaries of such trust.
544	544	514 11.1.5.Transfers by operation of law without actual consideration, including but not
545	545	515limited to transfers occurring by virtue of the death or bankruptcy of the owner of a real property
546	546	516interest.
547	547	517 11.1.6.Transfers made in partition of the land and improvements thereto, under the
548	548	518provisions of chapter two hundred and forty-one of the General Laws;
549	549	519 11.1.7.Transfers to any charitable organization as defined in clause third of section five
550	550	520of chapter fifty-nine of the General Laws, or any religious organization, provided that the real
551	551	521property interests so transferred shall be required, and shall be, held by the charitable or religious
552	552	522organization solely for its public, charitable or religious purposes.
553	553	523 11.1.8.Transfers to a mortgagee in foreclosure of the mortgage held by such mortgagee,
554	554	524and transfers of the property subject to a mortgage to the mortgagee in consideration of the
555	555	525forbearance of the mortgagee from foreclosing said mortgage. 27 of 34
556	556	526 11.1.9.Transfers made to a corporation or partnership or limited liability company at the
557	557	527time of its formation, pursuant to which transfer no gain or loss is recognized under the
558	558	528provisions of section three hundred and fifty- one or seven hundred and twenty-one of the
559	559	529Internal Revenue Code of 1986, or such superseding provision.
560	560	530 11.1.10. Transfers made to a stockholder of a corporation in liquidation or partial
561	561	531liquidation of the corporation, and transfers made to a partner of a partnership or a member of a
562	562	532limited liability company in dissolution or partial dissolution of the partnership or limited
563	563	533liability company.
564	564	534 11.1.11. Transfers consisting of the division of marital assets under the provisions
565	565	535of section thirty-four of chapter two hundred and eight of the General Laws or other provisions
566	566	536of law.
567	567	537 11.1.12. Transfers of property consisting in part of real property interests situated
568	568	538within the Town and in part of other property interests.
569	569	539 11.1.12.1.To the extent that the property transferred consists of property other than
570	570	540real property situated within the Town, the purchaser shall furnish the Land Bank Commission
571	571	541with such information establishing the claim of exemption and manner of allocation of the
572	572	542consideration for such transfers, as well as any such additional information as may be reasonably
573	573	543requested.
574	574	544 11.1.13. An amount, determined on or before January 1 of each year by the Land
575	575	545Bank Commission after due analysis of the range of real estate prices in the Town and in no
576	576	546event less than $350,000, of the purchase price of a Transfer of a Residence, provided that: 28 of 34
577	577	547 11.1.13.1.1.Such Transfer is made to a natural person or persons of whom neither they
578	578	548nor their spouse at the time of such transfer has at any prior time owned or possessed any Real
579	579	549Property Interest, either within or without the Town,
580	580	550 11.1.13.1.2.Such purchaser makes the Real Property Interest which is the subject of
581	581	551the Transfer their domicile and primary residence within one year of the time of Transfer;
582	582	552 11.1.13.1.3.In the event of a subsequent transfer of all or part of the Real Property
583	583	553Interest within two (2) years of the Transfer exempted from the fee under this subsection, other
584	584	554than the transfer of a mortgage to an institutional lender, the fee exempted shall become due,
585	585	555together with accumulated interest and penalties, and in addition to any fee otherwise due as a
586	586	556result of the subsequent transfer. The purchaser shall certify as to the foregoing, and the Land
587	587	557Bank Commission shall attach to the deed a certificate which shall recite the fact that there is
588	588	558running with the land a lien equal to the amount of the fee exempted plus accumulated interest
589	589	559and penalties until such time as all conditions of this subsection have been met. The Land Bank
590	590	560Commission shall have the power, at any time and from time to time, to require any purchaser
591	591	561claiming the exemption provided by this subsection to furnish such evidence of compliance with
592	592	562the requirements of this subsection as the Land Bank Commission shall deem necessary or
593	593	563appropriate. If any requirement or condition of this subsection is not met within the time
594	594	564specified, the amount of the fee exempted plus accumulated interest and penalties shall
595	595	565automatically become due and payable.
596	596	566 11.1.14. An amount, determined by a two-thirds (2/3) vote of the Commission on
597	597	567or before January 1 of each year after due analysis of the range of real estate prices in the Town
598	598	568and in no event less than $350,000, of the purchase price of a Transfer of a Residence provided 29 of 34
599	599	569that such Transfer is to a person or persons who had sold a Residence in the Town within eight
600	600	570(8) months of such Transfer.
601	601	571 11.1.15. An amount, determined by a two-thirds (2/3) vote of the Commission on
602	602	572or before January 1 of each year by the Land Bank Commission after due analysis of the range of
603	603	573real estate prices in the Town and in no event less than $350,000, of the purchase price of a
604	604	574Transfer of a Residence provided that such transfer is pursuant to a federal, state, or Town
605	605	575program, including those administered by their agencies or subdivisions, for affordable housing,
606	606	576veterans housing, or disabled persons housing, whether or not such Residence falls within the
607	607	577definition of Affordable Housing contained herein.
608	608	578 11.1.16. The Transfer of all or a portion of real property which is developed into
609	609	579new affordable housing units counting towards the Town’s Subsidized Housing Inventory which
610	610	580are equal to or in excess of the number of affordable housing units required by any municipal,
611	611	581state or federal governmental body or regulation including, but not limited to, M.G.L. c. 40B.
612	612	582 11.1.16.1.To be eligible for this exemption the purchaser must first pay the
613	613	583Transaction Fee in full for the Transfer of said real property and then provide the Land Bank
614	614	584Commission with documentation when the Affordable Housing Units required have been
615	615	585leased/rented or deeded, at which time the Land Bank Commission shall determine the
616	616	586percentage of the Transaction Fee that such Affordable units represent and issue a refund of that
617	617	587portion of the Transaction Fee.
618	618	588 11.2.Except as otherwise provided, the person seeking benefit of any exemption to the
619	619	589Transfer Fee shall have the burden of proof that any Transfer, or portion thereof, is exempt
620	620	590hereunder, and shall be responsible for notifying the Land Bank Commission of any request for 30 of 34
621	621	591exemption and provided such information as is reasonably requested by the Land Bank
622	622	592Commission to establish eligibility for such request.
623	623	593 SECTION 12. INTEREST AND PENALTIES
624	624	594 12.1.A purchaser who fails to pay all or any portion of the fee established by section
625	625	595ten on or before the time when the same is due shall be liable for the following additional
626	626	596payments in addition to said fee.
627	627	597 12.1.1.Interest. The purchaser shall pay interest on the unpaid amount of the
628	628	598Transaction Fee to be calculated from the time of Transfer at a rate equal to twelve per cent
629	629	599(12%) per annum.
630	630	600 12.1.2.Penalties. Any person who, without fraud or willful intent to defeat or evade a
631	631	601fee imposed by this act, fails to pay all or a portion of the fee within thirty days after the time of
632	632	602transfer, shall pay a penalty equal to five per cent of the outstanding fee as determined by the
633	633	603Land Bank Commission for each month or portion thereof that the fee is not paid in full;
634	634	604provided, however, that in no event shall the amount of any penalty imposed hereunder exceed
635	635	605twenty-five percent (25%) of the unpaid fee due at the time of transfer.
636	636	606 12.1.3.Whenever the Land Bank Commission determines by a preponderance of the
637	637	607information provided and obtained that all of a portion of a fee due under this Act was unpaid
638	638	608due to fraud or with intent to defeat or evade the fee imposed by this Act, a penalty equal to one
639	639	609hundred percent (100%) of the amount of said fee as determined by the Land Bank Commission
640	640	610shall be paid by the purchaser in addition to said fee. 31 of 34
641	641	611 12.2.The Land Bank Commission shall notify a purchaser by registered or certified
642	642	612mail of any failure to discharge in full the amount of the fee due under this Act and any penalty
643	643	613or interest assessed.
644	644	614 12.2.1.1. The Land Bank Commission shall grant a hearing on the matter of the
645	645	615imposition of said fee, or of any interest or penalty assessed, if a petition requesting such hearing
646	646	616is received by the Land Bank Commission within thirty days after the mailing of said notice.
647	647	617 12.2.1.2 The Land Bank Commission shall notify the purchaser in writing by registered
648	648	618or certified mail of its determination concerning the deficiency, penalty or interest within fifteen
649	649	619days after said hearing.
650	650	620 12.2.1.3. The Land Bank Commission shall have the authority to reduce any penalty, but
651	651	621not interest, if it deems such action to be appropriate under the circumstances. The Land Bank
652	652	622Commission may also change a prior determination as to whether or not a failure to pay the
653	653	623Transaction Fee was intentional, and impose the appropriate penalty based on such
654	654	624determination.
655	655	625 12.3.Any party aggrieved by a determination of the Land Bank Commission
656	656	626concerning a deficiency, penalty or interest may, after payment of said deficiency, appeal to the
657	657	627district or superior court in Plymouth County within ninety (90) days after the mailing of
658	658	628notification of the Land Bank Commission. All decisions of said courts shall be appealable.
659	659	629 12.3.1.Upon the failure to timely petition for a hearing, or appeal to said courts, within
660	660	630the time limits hereby established, the purchaser shall be bound by the terms of the notification,
661	661	631assessment or determination, as the case may be, and shall be barred from contesting the fee, and
662	662	632any interest and penalty, as determined by the Land Bank Commission. 32 of 34
663	663	633 12.4.Every notice to be given under this section by the Land Bank Commission shall
664	664	634be effective if mailed by certified or registered mail to the purchaser at the address stated in a
665	665	635recorded or registered instrument by virtue of which the purchaser holds any interest in land, the
666	666	636Transfer of which gives rise to the fee which is the subject of such notice; and if no such address
667	667	637is stated or if such Transfer is not evidenced by an instrument recorded or registered in the public
668	668	638records in Plymouth County, such notice shall be effective when so mailed to the purchaser in
669	669	639care of any person appearing of record to have a fee interest in such land, at the address of such
670	670	640person as set forth in an instrument recorded or registered in Plymouth County.
671	671	641 12.5.All fees, penalties and interest required to be paid pursuant to this Act shall
672	672	642constitute a personal debt of the purchaser and may be recovered in an action in contract or other
673	673	643appropriate action, suit or proceeding brought by the Land Bank Commission; said action, suit or
674	674	644proceeding shall be subject to the provisions of chapter two hundred and sixty of the General
675	675	645Laws.
676	676	646 12.5.1 If any purchaser liable to pay the fee established by this Act neglects or refuses to
677	677	647pay the same, the amount, including any interest and penalty thereon, may be enforced by
678	678	648placement of a lien in favor of the Land Bank Commission upon all property and rights to
679	679	649property, whether real or personal, belonging to such purchaser, regardless as to its location.
680	680	650 12.5.2.Said lien shall arise at the time of transfer and shall continue until the liability for
681	681	651such amount is satisfied.
682	682	652 12.5.3.Said lien shall in any event terminate not later than six years following the time of
683	683	653Transfer unless the Land Bank Commission brings suit to enforce said lien prior to that date. 33 of 34
684	684	654 12.5.4.Said lien shall not be valid as against any mortgagee, pledgee, purchaser or
685	685	655judgment creditor unless notice thereof has been filed by the Land Bank Commission (i) with
686	686	656respect to real property or fixtures located in Plymouth, in the registry of deeds for Plymouth
687	687	657County i, or (ii) with respect to personal property, in the office in which a security of financing
688	688	658statement or notice with respect to the property would be filed in order to perfect a
689	689	659nonpossessory security interest belonging to the person named in the relevant notice, subject to
690	690	660the same limitations as set forth in section fifty of chapter sixty-two of the General Laws.
691	691	661 12.5.5.In any case where there has been a refusal or neglect to pay any fee, interest or
692	692	662penalties imposed by this act, whether or not levy has been made, the Land Bank Commission, in
693	693	663addition to other modes of relief, may direct a civil action to be filed in a district or superior
694	694	664court of the Commonwealth to enforce the lien of the Land Bank Commission under this section
695	695	665with respect to such liability or to subject any property of whatever nature of the delinquent, or in
696	696	666which he has any right, title or interest, to the payment of such liability.
697	697	667 12.5.6.Upon satisfaction or termination of any Transaction Fee, interest, and penalties,
698	698	668the Land Bank Commission shall issue a release of any lien imposed by this section. Such
699	699	669release shall be conclusive evidence that the lien upon the property covered by the release is
700	700	670extinguished.
701	701	671 SECTION 13. This Act, being necessary for the welfare of the Town of Plymouth and its
702	702	672inhabitants, shall be liberally construed to effect the purposes hereof.
703	703	673 SECTION 14.
704	704	674 Should any provision of this Act later be deemed unlawful, invalid, or in conflict with
705	705	675any other State or Federal law which takes preference, that shall not invalidate this Act. The 34 of 34
706	706	676remaining provisions of this Act shall continue to be enforced consistent with the intent of this
707	707	677Act and such applicable law(s).
708	708	678 SECTION 15. Acceptance of this Act by the Town of Plymouth following its
709	709	679authorization by the Commonwealth of Massachusetts shall be by the affirmative vote of a
710	710	680majority of the voters at any regular or special Town election at which the question of acceptance
711	711	681has been placed on the ballot.
712	712	682 SECTION 16. The Effective Date of this Act shall be ninety (90) days from the date
713	713	683upon which the final vote of a majority of voters accepting the Act has been verified by the
714	714	684Plymouth Town Clerk.