Massachusetts H 5161: An Act authorizing the town of Ayer select board to acquire a water line easement on land of the department of conservation and recreation

Bill Text

HOUSE  .   .   .   .   .   .   .  No. 5161 
 
The Commonwealth of Massachusetts 
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                            HOUSE OF REPRESENTATIVES, July 31, 2022.                           
 
The  committee  on  Ways  and  Means,  to  whom  was  referred  the  Bill 
authorizing the town of Ayer select board to acquire a water line easement 
on land of the department of conservation and recreation (House, No. 4811), 
reports  recommending  that  the  same  ought  to  pass  with  an  amendment 
substituting therefor the accompanying bill (House, No. 5161). 
 
For the committee, 
 
AARON MICHLEWITZ. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
        

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 FILED ON: 7/31/2022 
HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 5161 
 
 
The Commonwealth of Massachusetts 
 
_______________
 
In the One Hundred and Ninety-Second General Court 
(2021-2022) 
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An Act authorizing the town of Ayer select board to acquire a water line easement on land of the 
department of conservation and recreation. 
 
 Whereas, The deferred operation of this act would tend to defeat its purpose, which is to 
provide forthwith for the authority of the town of Ayer select board to acquire a water line 
easement on land of the department of conservation and recreation, which easement is necessary 
to provide water to the residents of Ayer, therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public convenience. 
 
 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. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the 
2General Laws or any other general or special law to the contrary, the commissioner of capital 
3asset management and maintenance, in consultation with the commissioner of conservation and 
4recreation, may convey a subsurface easement to the town of Ayer on a parcel of land containing 
5approximately 1,940 square feet described in an order of taking recorded with the Middlesex 
6south registry of deeds in book 18528 and page 64, currently under the care and control of the 
7department of conservation and recreation and held for conservation and recreation purposes. 
8The easement area is shown as “20’ Wide Water Easement” on a plan of land entitled “Easement 
9Plan of Land in Ayer, Mass.” dated September 13, 2017, prepared by Goldsmith, Prest & 
10Ringwall, Inc., recorded in the Middlesex south registry of deeds in book 2017, page  886.  

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11 (b) The easement shall be used only for the purposes of installing, constructing, repairing, 
12reconstructing, operating, maintaining or improving subsurface water infrastructure, subject to 
13the requirements of sections 2 through 4, inclusive, and to such additional terms and conditions 
14consistent with this act as the commissioner of capital asset management and maintenance, in 
15consultation with the commissioner of conservation and recreation, may prescribe. Prior to 
16making the conveyance authorized in subsection (a), the commissioner of capital asset 
17management and maintenance may make minor modifications to the area and plan in order to 
18carry out this act.  
19 SECTION 2. The town of Ayer shall compensate the commonwealth for the easement 
20described in section 1 through any 1 or a combination of the following: (i) the transfer of land or 
21an interest in land to the commissioner of conservation and recreation, with a value equal to or 
22greater than the full and fair market value of the easement, or the value of the easement in use as 
23proposed, whichever is greater, as determined by independent appraisal; or (ii) a sum of money 
24equal to the full and fair market value of the easement or the value of the easement in use as 
25proposed, whichever is greater, as determined by independent appraisal. The commonwealth 
26shall not be obligated to pay any consideration to the town if the appraised value of any parcels 
27or interests conveyed under this section exceeds the value of the easement described in section 1. 
28 SECTION 3. The value of the easement described in section 1 and the value of any 
29property interests to be conveyed to the commonwealth pursuant to section 2 shall be determined 
30by an independent appraisal prepared in accordance with the usual and customary professional 
31appraisal practice by a qualified appraiser commissioned by the commissioner of capital asset 
32management and maintenance, in consultation with the commissioner of conservation and 
33recreation. The commissioner of capital asset management and maintenance shall submit the 

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34appraisal to the inspector general for review and comment. The inspector general shall review 
35and approve the appraisal and the review shall include an examination of the methodology 
36utilized for the appraisal. The inspector general shall prepare a report of such