Massachusetts H 3133: An Act authorizing the Division of Capital Asset Management and Maintenance to convey a certain portion of the Gardner Heritage State Park to the city of Gardner

Bill Text

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HOUSE DOCKET, NO. 2700 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 3133

The Commonwealth of Massachusetts
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PRESENTED BY:
Jonathan D. Zlotnik
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act authorizing the Division of Capital Asset Management and Maintenance to convey a
certain portion of the Gardner Heritage State Park to the city of Gardner.
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PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
Jonathan D. Zlotnik 2nd Worcester 1/18/2023

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HOUSE DOCKET, NO. 2700 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 3133
By Representative Zlotnik of Gardner, a petition (accompanied by bill, House, No. 3133) of
Jonathan D. Zlotnik that the commissioner of the Division of Capital Asset Management and
Maintenance be authorized to convey a certain portion of the Gardner Heritage State Park to the
city of Gardner. State Administration and Regulatory Oversight.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act authorizing the Division of Capital Asset Management and Maintenance to convey a
certain portion of the Gardner Heritage State Park to the city of Gardner.

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

1 SECTION 1. Notwithstanding any general or special law to the contrary, the city of
2 Gardner may convey to the division of capital asset management and maintenance the parcel of
3 land known as Stump pond, which is identified on the city of Gardner’s assessors’ maps as
4 parcel W27-11-2 and contains 6.0 acres, more or less. The commissioner of capital asset
5 management and maintenance, in consultation with the commissioner of conservation and
6 recreation, shall determine the exact boundaries of the parcel after completion of a survey. The
7 parcel shall be placed under the care, custody and control of the department of conservation and
8 recreation and shall be used solely for conservation and recreation purposes.
9 SECTION 2. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General
10 Laws or any other general or special law to the contrary and in consideration for the conveyance
11 authorized in section 1, the division of capital asset management and maintenance, in

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12 consultation with the department of conservation and recreation, may convey to the city of
13 Gardner the parcels of land and building thereon, being part of the Gardner Heritage State Park
14 under the care and control of the department of conservation and recreation, which are identified
15 on the city of Gardner’s assessors’ maps as parcels M27-25-6 and M27-25-10. The parcels may
16 be used by the city for general municipal purposes or may be conveyed by the city to a developer
17 for redevelopment. The commissioner of capital asset management and maintenance, in
18 consultation with the commissioner of conservation and recreation, shall determine the exact
19 boundaries of the parcels.
20 SECTION 3. Independent appraisals of the fair market value and value in use of the
21 parcels described in sections 1 and 2 shall be prepared in accordance with the usual and
22 customary professional appraisal practices by a qualified appraiser commissioned by the
23 commissioner of capital asset management and maintenance. The commissioner of capital asset
24 management and maintenance shall establish the value of the properties for both the highest and
25 best use as currently encumbered and for the purposes described. The commissioner of capital
26 asset management and maintenance shall submit any appraisals to the inspector general for
27 review and comment. The inspector general shall review and approve the appraisals and the
28 review shall include an examination of the methodology utilized for the appraisals. The inspector
29 general shall prepare a report of the review and file the report with the commissioner of capital
30 asset management and maintenance. The commissioner shall submit copies of the appraisals and
31 the inspector general’s report, the approval and comments, if any, to the house and senate
32 committees on ways and means and the joint committee on state administration and regulatory
33 oversight at least 15 days prior to the execution of any documents effecting the transfers
34 described in this section.

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35 SECTION 4. The city of Gardner shall assume all costs and expenses including, but not
36 limited to, the costs of any engineering, surveys, appraisals, recording fees and deed preparation
37 related to the transaction pursuant to this act as such costs may be determined by the
38 commissioner of capital asset management and maintenance.
39 SECTION 5. T