| By Mr. Antonioni, a petition (accompanied by bill, Senate, No. 31) of Robert A. Antonioni and Jennifer L. Flanagan for legislation to authorize the Department of Environmental Management to take or acquire conservation restrictions in and to lands of the city of Leominster. Bonding, Capital Expenditures and State Assets |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1.
The department of environmental management, in consultation with the division of capital asset management and maintenance, may take under chapter 79 of the General Laws or otherwise acquire fee interest, easements or lesser interests in land through conservation restrictions under section 31 and 32 of chapter 184 of the General Laws in and to all or a portion of certain parcels of land owned by the city of Leominster identified in section 2, if the city of Leominster conveys these property interests. The division shall not exercise the power of eminent domain under chapter 79 without the prior written consent of the city of Leominster. The acquisition shall be for the purpose of ensuring the preservation and protection of water supply, wildlife and habitat and for passive recreation and other consistent uses. The property to be conveyed, known as the Leominster Watershed Lands, was taken or acquired by the city of Leominster for watershed and water supply purposes and is currently used for those purposes. The conservation restrictions authorized by this act shall allow for the continuation of water supply and watershed purposes on all or a portion of the parcels; however, said conservation restrictions may restrict or regulate, but may not unreasonable limit, the acts or uses associated with conducting these purposes. The conservation restrictions, if taken and not otherwise acquired, shall be subject to any easement or lesser interest in land held by any person or governmental agency, except for said city of Leominster, that lawfully exists and that is recorded in the appropriate registry of deeds, unless the department of environmental management expressly takes such easement or lesser interest through eminent domain in accordance with the provisions of chapter 79.
SECTION 2. The parcels are identified as follows:
All of the lands, including lands under water, in the City of Leominster, as described in Assessors Map #360, parcel 2, Map #361, parcel 1, Map #362, parcel 1, Map #362, parcel 6, Map #363, parcel 2, Map #429, parcel 12, Map #512, parcel 2, Map #512, parcel 4, Map # 513, parcel 2, Map #548, parcel 2, and Map #548, parcel 4, also meaning to include, although not necessarily covered in its entirety by the above-referenced parcels but surrounded by the lands described therein Notown Reservoir, Goodfellows Reservoir, Simonds Reservoir, Haynes Reservoir, Morse Reservoir, Distributing Reservoir and Fall Brook Reservoir.
SECTION 3. This act shall take effect upon its passage.