Here is the actual legislation, as provided by the state to the town clerk –
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Chapter – 211
TH E C 0 M M 0 N W E A L T H 0 F M A S S A C H U S E T T S
In the Year Two Thousand and Fourteen
AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN
PARCELS OF LAND IN THE TOWN OF MEDFIELD.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide
forthwith for the conveyance of land in the town of Medfield, therefore it is hereby declared to be
an emergency law, necessary
for the immediate preservation of the public convenience.
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Be it enacted by the Senate and House of Representatives in General Court assembled , and by the
authorit y of the same, as f ollows:
SECTION 1. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, chapter
269 of the acts of 2008 or any other general or special law to the contrary, the commissioner of
capital asset management and maintenance may convey certain parcels of land located at the former
Medfield State Hospital to the town of Medfield. The parcels are shown as parcel A and parcel B on
a plan entitled “Compiled Plan of Land, Medfield State Hospital, Medfield, Massachusetts, prepared
for Division of Capital Asset Management”, dated June 14, 2005, prepared by Judith Nitsch
Engineering, Inc., on file with the division of capital asset management and maintenance. The exact
location and boundaries of the parcels to be conveyed shall be determined by the commissioner, in
consultation with the town of Medfield. The use of the parcels to be conveyed to the town shall not
be restricted to use for municipal or other specific purposes; provided, however, that the town may
so restrict the parcels at a later date, in accordance with any applicable general and special
laws, The parcels shall be conveyed by deed without warranties or representations by the
commonwealth.
SECTION 2. As consideration for the conveyance of the parcels described in section 1, the town of
Medfield shall pay the commonwealth an amount equal to certain costs related to the closure of the
former state hospital in Medfield including, but not limited to, the costs of removing combustible
materials, disconnecting certain utilities and otherwise closing those buildings located on the
parcels conveyed, routine security and other capital expenditures and operating expenses incurred
by the commonwealth in preparation for or following the closure of the former state hospital, as
determined by the commissioner and agreed to by the town. The town of Medfield may pay the amount
so determined by the commissioner and ageed to by the town upon its purchase of the parcels
described in section 1 or the town may pay the amount so determined in 10 annual payments pursuant
to section 20A of chapter 58 of the General Laws. If the town’s payment·of consideration
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pursuant to this section so requires, the town may seek voter approval pursuant to subsection (k)
of section 21C of chapter 59 of the General Laws.
SECTION 3. In the event that the town of Medfield sells or leases any portion of the parcels
described in section 1, the net proceeds from such sale or lease as determined by the town and
agreed to by the commissioner, shall be allocated between the town of Medfield and the commonwealth
in equal shares; provided, however, that the commissioner may agree to reduce the share of the
commonwealth ‘s proceeds to not less than 30 per cent of net proceeds in order to provide certain
incentives to the town of Medfield to sell or lease any of the parcels described in section 1
expeditiously or to facilitate the development of some or all of the parcels in accordance with
smart growth principles promulgated from time to time by the governor and the secretary of energy
and environmental affairs. In the event that the net proceeds, as so determined, is a negative
amo1lllt, the commonwealth shall not be required to make any payments to the town of Medfield.
SECTION 4 . Notwithstanding any general or special law to the contrary, the town of Medfield shall
pay for all costs and expenses of the transactions authorized in this act as determined by the
commissioner including, but not limited to, the costs of any recording fees and deed preparation
related to the conveyances and for all costs, liabilities and expenses of any nature and kind
related to the town’s ownership of the parcels; provided, however, that such costs shall be
included for the purposes of determining the net proceeds of the town’s sale or lease of any
portion of the parcels described in section
1. Amounts paid by the town of Medfield pursuant to section 2 shall not be included for the
purposes of determining the net proceeds from a sale or lease.
SECTION 5. Notwithstanding chapter 269 of the acts of 2008 or any other
general or special law to the contrary, parcels A-1 and A-2, as shown on the plan referenced in
section 1 shall be maintained as open space or used for
agricultural and passive recreation purposes,
subject to those subsurface utility easements on parcel
A-1
serving the town’s water system. Notwithstanding
the foregoing, but subject to such subsurface
utility easements, the
commissioner of capital asset management and maintenance may
transfer the care and custody of parcels A-1, A-2 and C, or portions thereof, to the department of
conservation and recreation for open space and passive recreation purposes. Such transfer shall be
without consideration and shall not be subject to chapter 7C of the General Laws.
SECTION 6. (a) In the event that the town of Medfield does not complete its purchase of the
property described in section 1 on or before December 31, 2015, then notwithstanding sections 33 to
38, inclusive, of chapter 7C of the General Laws or any other general or special law to the
contrary, the commissioner may sell, lease for terms of up to 99 years, including all renewals and
extensions, or oterwise grant, convey or transfer to purchasers
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or lessees an interest in the property described in section 1 or portions thereof , subject to
this section and on such terms and conditions that the commissioner considers appropriate;
provided, however, that the purchase by the town of Medf ield shall be considered complete
upon the transf er of title to the parcels described in section 1 to the town . The
commissioner shall dispose of the property, or portion thereof , using appropriate
competitive bidding processes and procedures . At least 30 days bef ore the date on which bids ,
proposals or other of f ers to purchase or lease a property, or any portion thereof , are
due, the commissioner sµall place a notice in the central register published by the state secretary
pursuant to sect ion 2 0A of chapter 9 of the General Laws stat ing the availability of
the property 1 the nature of
the competitive bidding process and other inf ormation that the commissioner
considers relevant , including the time, place and manner f or the submission of bids and
proposals and the opening of the bids or proposals .
( b) Notwithstanding any general or special law to the contrary, the grantee
or lessee of all or any portion of the property described in sect ion 1 and subject
to this section shall be responsible f or costs and expenses including, but
not limited to, costs associated with deed preparation and recording f ees related
to the conveyances and transf ers authorized in this sect ion as such costs may be
determined by the commissioner .
( c) No agreement f or the sale, lease, transf er or other disposition of the
property described in section 1 and subject to this section, or any
portion thereof , shall be valid
and no deed executed by or unless the agreement or
on behalf of the commonwealth, deed contains the following rt if ication, signed by the commissioner : “I, the undersigned commissioner of
maintenance, hereby cert if y under penalties complied with the relevant provisions of
capital asset management and of perj ury that I have f ully general and special laws
in
connection with the property described in this document . 11
SECTION 7 , In any disposition pursuant to section 1 or section 6 , the commissioner may retain,
accept or acquire by purchase, transf er, lease, eminent domain pursuant to chapter 79 of the
General Laws or otherwise and may grant by deed, transf er , lease or otherwise any rights-of
-way or easements in, over or beneath any parcel or any portion thereof or any other
portions of the f ormer Medf ield State Hospital , as the commissioner deems necessary and
appropriate f or the cont inued access to, egress f rom and use of portions of the f
ormer Medf ield State Hospital including, without limitation, parcels A-1 and A- 2 , by the
general public or other state agencies or to carry out this act ; provided however that
in any disposition pursuant to section 1, such retention, acceptance, acquisition, or grant of
any rights-of -way or easements in, over or beneath parcels A or B shall be subject to
the approval of the town of Medf ield .
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SECTION 8. Sections 1 to 4, inclusive, shall take effect in the town of Medfield upon their
acceptance by a majority vote of the board of selectmen of
the town of Medfield but not otherwise.
[see the link below for a PDF to see the signatures and dates of passage in each session]
20140801-MSH legislation-signed
