Section 32 of chapter 184 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking the second paragraph in its entirety and inserting in place thereof the following paragraph:-

“Such conservation, preservation, agricultural preservation, watershed preservation and affordable housing restrictions are interests in land and may be acquired by any governmental body or such charitable corporation or trust which have power to acquire interest in the land, in the same manner as it may acquire other interests in land.  Such a restriction may be enforced by injunction or other proceeding, and shall entitle representatives of the holder to enter the land in a reasonable manner and at reasonable times to assure compliance.  If the court in any judicial enforcement proceeding, or the decision maker in any arbitration or other alternative dispute resolution enforcement proceeding, finds there has been a violation of any such restriction or of any other restriction described in Section 26(c) of this chapter then, in addition to any other relief ordered, the petitioner bringing such action or proceeding shall be awarded reasonable attorneys’ fees and costs incurred in such action or proceeding.  Such a restriction may be released, in whole or in part, by the holder for such consideration, if any, as the holder may determine, in the same manner as the holder may dispose of land or other interests in land, but only after a public hearing upon reasonable public notice, by the governmental body holding the restriction or if held by a charitable corporation or trust, by the mayor, or in cities having a city manager the city manager, the city council of the city or the selectmen of the town, whose approval shall be required, and in case of a restriction requiring approval by the secretary of environmental affairs, the Massachusetts historical commission, the director of the division of water supply protection of the department of conservation and recreation, the commissioner of food and agriculture, or the director of housing and community development, only with like approval of the release.”

SECTION 2.  Notwithstanding any general or special law to the contrary, the provisions of this act shall apply with respect to all enforcement actions commenced after the effective date of this act, both for restrictions granted prior to and restrictions granted after the effective date of this act.