By Representative Rodrigues of Westport and Senator Menard, joint petition (accompanied by bill, House, No. 4664) of Michael J. Rodrigues and  others that the Division of Capital Asset Management and Maintenance be directed to convey a certain parcel of land in the town of Westport to Edward Peter Haley. Bonding, Capital Expenditures and State Assets.

 

The Commonwealth of Massachusetts

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PETITION OF:

 


Michael J. Rodrigues

Joan M. Menard

David L. Flynn

 

 


 

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In the Year Two Thousand and Eight.

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 An Act AUTHORIZING AND DIRECTING THE COMMISSIONER OF THE DIVISION OF CAPITAL ASSET MANAGEMENRT AND MAINTENANCE TO CONVEY CERTAIN LAND IN THE TOWN OF WESTPORT

 

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


 

Whereas, the deferred operation of this act would tend to defeat its purpose, which is to forthwith transfer a certain parcel of land in the town of Westport, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation the public convenience.

 

 

SECTION 1. The commissioner of the division of capital asset management and

 

maintenance, in consultation with the department of conservation and recreation, is

 

hereby authorized and directed, notwithstanding the provisions of sections 40E through

 

40 H, inclusive, of the General Laws, to convey by deed approved as to form by the

 

attorney general, to Edward Peter Haley a certain parcel of land presently under the

 

control of the department of conservation and recreation located in the Town of  Westport

 

and shown  as Lot B on the Town of Westport assessor’s map 76A..

 

 

 

SECTION 2.         The purchaser of the parcel conveyed in section 1 shall pay the full and

 

fair market value of the land, based upon an independent professional appraisal as

 

determined the commission of the division. The inspector general shall prepare a report

 

of his review of the methodology utilized for the appraisal and shall file the report with

 

the commissioner of the division of capital asset management and maintenance, the house

 

and senate committees on ways and means and the joint committee on bonding, capital

 

expenditures and state assets.  The commissioner of the division of capital asset

 

management and maintenance shall, 30 days before the execution of any conveyance

 

authorized by this act, or any subsequent amendment thereto, submit the proposed

 

conveyance or amendment and a report thereon to the inspector general for his review

 

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and comment.  The inspector general shall issue his review and comment within 15 days

 

of receipt of the proposed conveyance or amendment.  The commissioner of the division

 

of capital asset management and maintenance shall submit the proposed conveyance or

 

amendment, and the reports and the comments of the inspector general, if any, to the

 

house and senate committees on ways and means and the joint committee on bonding,

 

capital expenditures and state assets at least 15 days before execution of the conveyance.

 

 

SECTION 3.  The purchaser shall be responsible for all costs associated with the

conveyance authorized by this act, including, but not limited to, any appraisal, survey,

recording or legal costs, and any other expenses incurred by the commonwealth in

connection with the conveyance.

 

SECTION 4.  The purchaser of the land conveyed by this act shall sign, as a condition

 

precedent to said conveyance, an agreement with the commissioner of division of

 

commissioner of the division of capital asset management and maintenance and with the

 

treasurer of the Town  of  Westport acting on behalf of said town in which said purchaser

 

is  relinquishing any and all rights said purchaser, or his heirs, successors or assigns may

 

be, or have been, entitled to any compensation, including any interest which may accrue

 

thereon, either from the commonwealth or from the Town of Westport as reimbursement

 

for that portion of any real estate taxes which were paid on said land to said town by the

 

purchaser prior to the conveyance of said land.