Massachusetts S 3021: An Act authorizing the transfer of care and control of land in the town of Monson
Status: New draft (Fattman) substituted, see S3064 (as of 2022-07-28)
State: Massachusetts · Session: 192nd · Bill: S 3021
Sponsors: Ryan C. Fattman, Brian M. Ashe
Bill Text
1 of 1 SENATE DOCKET, NO. 3241 FILED ON: 7/1/2022 SENATE . . . . . . . . . . . . . . No. 3021 The Commonwealth of Massachusetts _________________ PRESENTED BY: Ryan C. Fattman _________________ 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 transfer of care and control of land in the town of Monson. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: Ryan C. Fattman Worcester and Norfolk Brian M. Ashe 2nd Hampden 1 of 3 SENATE DOCKET, NO. 3241 FILED ON: 7/1/2022 SENATE . . . . . . . . . . . . . . No. 3021 By Mr. Fattman, a petition (accompanied by bill, Senate, No. 3021) (subject to Joint Rule 12) of Ryan C. Fattman and Brian M. Ashe for legislation to authorize the transfer of care and control of land in the town of Monson. State Administration and Regulatory Oversight. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Second General Court (2021-2022) _______________ An Act authorizing the transfer of care and control of land in the town of Monson. Whereas, The deferred operation of this act would tend to defeat its purpose, which is to transfer certain parcels of land at the former Monson Developmental Center, 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. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General 2Laws, chapter 403 of the acts of 2008, chapter 59 of the acts of 2009 as amended by sections 117 3to 124, inclusive, of chapter 131 of the acts of 2010, or any other general or special law to the 4contrary, the commissioner of capital asset management and maintenance may transfer the care 5and control of the parcel of land in the town of Monson identified in section 2 from the 6department of developmental services to the department of fish and game to be held solely for 7the purposes and uses of forest, agriculture and open space protection, management and 8conservation, environmental education and public access for passive recreation and enjoyment, 9including hunting, fishing and trapping, subject to the limitations of and to protect the rights of 10the public under article XCVII of the amendments to the constitution of the commonwealth. The 2 of 3 11commissioner of capital asset management and maintenance, in consultation with the 12commissioner of fish and game, shall determine the exact boundaries of the parcel, which may 13require the completion of a survey. The commissioner of the division of capital asset 14management and maintenance, in consultation with the commissioner of fish and game, may 15alter the boundaries to be transferred to the care and control of the department of fish and game 16pursuant to this section. The department of fish and game shall not be required to pay any 17consideration for the parcel of land to be transferred to the department of fish and game pursuant 18to this act. 19 SECTION 2. The parcel of land to be transferred to the department of fish and game 20pursuant to section 1 contains approximately 458.451 acres and is shown as “Locus A” on Sheet 212 of the Plan of Land in Monson, MA prepared by Northeast Survey Consultants dated 4/1/2015 22that is on file with the division of capital asset management and maintenance. In consultation 23with the department of fish and game, the town of Monson shall be authorized to develop and 24construct a walking trail from “Locus A” to connect a proposed parking site off of Upper Palmer 25Road to town conservation land. The town of Monson shall be responsible for the maintenance 26and upkeep of said walking trail. 27 SECTION 3. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General 28Laws, chapter 403 of the acts of 2008, chapter 59 of the acts of 2009 as amended by sections 117 29to 124, inclusive, of chapter 131 of the acts of 2010, or any other general or special law to the 30contrary, the commissioner of capital asset management and maintenance may transfer the care, 31custody and control of the parcels of land identified in section 4 from the department of 32developmental services to the department of agricultural resources, to be held solely for the 33purposes and uses of agriculture and open space protection, management and conservation, 3 of 3 34subject to the limitations of and to protect the rights of the public under article XCVII of the 35amendment to the constitution of the commonwealth. The commissioner of capital asset 36management and maintenance, in consultation with the commissioner of
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