Session Laws

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. Chapter two hundred and fifty of the acts of nineteen hundred and ninety-four is hereby repealed.

SECTION 2. Notwithstanding the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, the commissioner of the division of capital planning and operations is hereby authorized to grant certain easements in certain parcels of land located in the town of Hubbardston, presently under the care and control of the metropolitan district commission, the department of fisheries, wildlife and environmental law enforcement and the department of environmental management and being used for environmental purposes, to Worcester county for highway and drainage purposes. Said parcels are shown as parcels 1, 23, 25, D-1, D-3, D-4, D-5, D-6, D-7, D-8, D-9, D11, D-13, D-14, D-15, D-18A, D-19A, D-21, D-23, D-24, D-25 and D-27 on plan H-4546-R entitled "Plan of Williamsville - Templeton road and Williamsville road in the town of Hubbardston - Proposed Highway and Drainage Easement from the commonwealth of Massachusetts Metropolitan District Commission, Division of environmental management and division of Fisheries and Wildlife" and filed in the Worcester county engineering department.

SECTION 3. The commissioner of the division of capital planning and operations is hereby authorized to grant an easement over a certain parcel of land located in the town of Newbury presently under the care, custody and control of the division of fisheries and wildlife to the Byfield water district for access to a well owned by said district upon such terms and conditions as said commissioner may prescribe in consultation with said division of fisheries and wildlife. Said parcel is shown as easement area A on a plan of land entitled "plan of land in Newbury (Byfield) MA" prepared by Port Engineering Associates, Inc., dated May seventeenth, nineteen hundred and ninety-six, and which is on file in the southern district of the Essex county registry of deeds.

SECTION 4. In consideration for the easement granted in section six, the Byfield water district shall convey to the commonwealth of Massachusetts a certain parcel of land located in the town of Newbury, which shall be placed under the care, custody and control of the division of fisheries and wildlife. Said parcel is described in a deed from Benjamin Pearson to Trustees of Dummer Academy dated November eighth, nineteen hundred and thirty-eight, and recorded in the southern district of the Essex county registry of deeds, Book 3168, Page 558.

There shall be an independent appraisal for the use described herein of the fair market value of the easement granted by the commonwealth to the Byfield water district and of the property conveyed by the Byfield water district to the commonwealth as consideration. The inspector general shall review and approve said appraisal and said review shall include a review of the methodology utilized for said appraisal. The inspector general shall prepare a report of his review and file said report with the commissioner for submission to the house and senate committees on ways and means and the chairmen of the joint committee on state administration in accordance with this act. If the consideration offered by the Byfield water district is less than the value of the easement to be granted by the commonwealth, then the Byfield water district shall pay the amount of the difference between the two values to the commonwealth.

SECTION 5. The Byfield water district shall pay all expenses associated with and any cost of appraisals, surveys and other expenses relating to the transfer of the land, and any cost and liabilities and expenses of any kind for its use, maintenance or operation.

SECTION 6. In the event the easement granted by section six of this act is not used for the purpose described in said section six, or the conditions and restrictions to said easement are not fulfilled, title to all interests in said easement shall revert to the commonwealth.

SECTION 7. This act shall take effect upon its passage.