The Commonwealth of Massachusetts

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DEVAL L. PATRICK GOVERNOR TIMOTHY P. MURRAY LIEUTENANT GOVERNOR

Executive Department State House  ·  Boston 02133 (617) 725-4000

November 29, 2007.

To the Honorable Senate and House of Representatives:

   Pursuant to Article LVI, as amended by Article XC, Section 3 of the Amendments to the Constitution of the Commonwealth of Massachusetts, I am returning to you for amendment House Bill No. 4367, “An Act Authorizing the Division Of Capital Asset Management And Maintenance To Exchange Certain Land In The Town Of Needham.”

   This legislation directs the Division of Capital Asset Management and Maintenance to convey a 26 square foot parcel of land under Massachusetts Highway Department care and control to the BMI Realty Trust, in exchange for a 31 square foot parcel of land.  Unlike typical Commonwealth land disposition bills, however, the proposed land to be conveyed has not been declared surplus.  Also, as drafted the bill does not provide for the value of the two parcels to be appraised to ensure that the Commonwealth gets fair value for its land.  If the land received by the state is less valuable, the state should receive the difference between the two values as additional consideration for the transfer.  Finally, this legislation does not require that the private party pay the costs of this transaction.  I, therefore, recommend that House Bill No. 4367 be amended by inserting in section 2, before the word "consideration", the following word:- partial.

   I further recommend amending this bill by adding the following 3 sections:

SECTION 3. In further consideration for the conveyance authorized in section 1, the grantee or recipient of the property shall pay to the commonwealth a sum, as determined by an independent appraisal, that represents the amount by which the full and fair market value of the property described in section 1 exceeds the full and fair market value of the property described in section 2. 

SECTION 4.  The grantee or recipient of the property described in section 1 shall assume the cost of any appraisals, surveys, deed preparation and other expenses considered necessary by the commissioner of the division of capital asset management and maintenance to execute the conveyance authorized by this act.

SECTION 5.  Notwithstanding section 1, the transfer authorized by this act shall not occur until the land to be transferred has been determined to be suplus land under section 7E of chapter 81 and section 40F1/2 of chapter 7 of the General Laws.

Respectfully submitted,

                                                                                       DEVAL L. PATRICK,

                                                                                       Governor.