Bill Text: MA H701 | 2009-2010 | 186th General Court | Introduced
Bill Title: Acquire the silver maple forest for the Department of Conservation and Recreation upon receipt of sufficient local contributions toward said acquisition
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-09-24 - Bill reported favorably by committee and referred to the House Committee On Ways and Means [H701 Detail]
Download: Massachusetts-2009-H701-Introduced.html
The Commonwealth of Massachusetts
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PRESENTED BY:
William N. Brownsberger
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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 passage of the accompanying bill:
An Act providing for park expansion and urban wildlife preservation in Belmont and Cambridge.
_______________
PETITION OF:
|
Name: |
District/Address: |
|
William N. Brownsberger |
24th Middlesex |
|
Mr. Tolman |
|
[SIMILAR MATTER FILED IN PREVIOUS
SESSION
SEE HOUSE, NO. 21 OF 2007-2008.]
The Commonwealth of
Massachusetts
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In the Year Two Thousand and Nine
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An Act providing for park expansion and urban wildlife
preservation in Belmont and Cambridge.
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
(a) In this Act, the term
"Silver Maple Forest" shall refer to a property also known as the
Belmont Uplands and comprised of Parcel 40-1 on the assessors' map of the town
of Belmont and an adjoining triangular parcel in the city of Cambridge.
(b) Notwithstanding sections 40F to 40J
of chapter 7 of the General Laws or any other general or special law to the
contrary, the department of conservation and recreation may acquire, by deed,
easement, restriction, covenant or condition, but not through eminent domain,
the Silver Maple Forest and may apply for that purpose funds authorized by
Chapter 312 of the Acts of 2008 or any other lawfully available funds.(c) Within
90 days of the effective date of this act, the commissioner of conservation and
recreation shall conduct an appraisal of the fair market value of the Silver
Maple Forest.
(d) Within 120 days of the effective
date of this act, the commissioner shall determine an amount that the
commonwealth may allocate from any lawfully available funds for the purpose of
acquiring the Silver Maple Forest. This amount shall be the state
contribution.
(e) Upon determining the state
contribution, the commissioner shall inform the board of selectman in the town
of Belmont, the board of selectmen in the town of Arlington and the city
council in the city of Cambridge, in this section called the local authorities,
the results of the appraisal and the amount of the state contribution, if any.
(f) Within 120 days of the transmittal
by the commissioner, the local authorities shall each certify, in language to
be determined by the commissioner, the amount of funds under their control
which are available for contribution towards the cost of the acquisition of the
Silver Maple Forest by the commissioner. The funds may include funds
appropriated by the appropriating bodies in the town of Arlington, the town of
Belmont and the city of Cambridge and may also include private funds received
by, or on behalf of, the local authorities and held in escrow for application
towards the acquisition.
(g) If the amount of the funds so
certified equals or exceeds the difference between the appraised fair market
value of the property and the state contribution, and if the owner of the
property enters into an agreement to convey the property for conservation
purposes, the commissioner shall, upon receipt of the funds, forthwith
consummate the acquisition; provided, however, that any deed conveying the
parcel shall contain the restriction required under subsection (h). If
the amount of funds received does not equal or exceed the difference, this
section shall become null and void.
(h) Notwithstanding any general or
special law to the contrary, the property described in subsection (a) shall be
conveyed subject to a conservation restriction imposed under section 31 of
chapter 184 of the General Laws, for the preservation and protection of
wildlife and habitat and passive public recreation and consistent purposes. The
conservation restriction, if taken and not otherwise acquired, shall be subject
to any easement or lesser interest in land held by any person or governmental
agency, except for the owner, that lawfully exists and is recorded in the
appropriate registry of deeds.
