The Commonwealth of Massachusetts
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PETITION OF:
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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.