Be it enacted by the
Senate and House of Representatives in General Court assembled, and by the
authority of the same, as follows:
SECTION 1.
The General Laws are hereby amended by inserting after chapter 132B the following chapter:-
CHAPTER 132C.
PUBLIC LANDS PRESERVATION ACT.
Section 1. It is hereby declared to be the policy of the commonwealth that lands or easements taken or acquired for natural resource purposes, consistent with Article 97, are a vital and indispensable public natural and historic resource and, therefore, that there shall be no net loss of lands or easements taken or acquired for public natural resource purposes as a result of any disposition or change in use of these lands.
Section 2. Definitions.
As used in this chapter, the following words shall, unless the context clearly
requires otherwise, have the following meanings: -
“Alternatives analysis”, a description of alternatives to the disposition or
change in use of lands or easements protected under Article 97, including, but
not limited to: (a) an analysis of the most reasonable alternative (other than
taking no action) that does not require a disposition or change in use under
Article 97, including analysis of costs and environmental impact; and (b)
whether the alternative is economically feasible for the owner.
“Article 97”, Article XLIX, as appearing in Article XCVII, of the Amendments
to the Constitution.
“Article 97 lands or easements”, lands or easements taken or acquired for
natural resource purposes under Article 97.
“Change in use” or “used for other purposes”, a diversion of Article 97
lands or easements, or portion thereof, from existing use.
“Disposition” or “disposed”, the transfer of physical or legal custody
or control of lands or easements, or a portion thereof, by conveying, taking by
eminent domain, leasing for any term, granting or taking of interests in land or
easements, or any other means of transfer of physical or legal custody or
control, regardless of whether the transfer is for the same or different uses,
or for consistent or inconsistent purposes.
“Lands or easements”, lands; easements; conservation restrictions,
agricultural and watershed preservation restrictions, as defined in section 31
of chapter 184; and other restrictions or conditions contained in a deed, grant
or other instrument purporting to transfer or convey an interest in land,
regardless of the term of such easements, restrictions or conditions.
“Natural resource purposes”, the purposes described in Article 97.
“Owner”, the agency, authority, public instrumentality, town, municipality
or political subdivision that owns or has care, custody or control of the lands
or easements for which there is a proposed disposition or change in use.
“Replacement land”, lands or easements acquired by the owner that are
comparable in area, fair market value, location and use to Article 97 lands or
easements being disposed of or used for other purposes.
Lands or easements already protected under Article 97 shall not qualify
as replacement land.
“Taken or acquired”, obtained by gift, purchase, devise, grant, exchange,
lease, taking by eminent domain or otherwise by the commonwealth, any of its
political subdivisions or bodies politic, or any instrumentality thereof, or
through use of public funds, including land bank funds.
Section 3. It shall be
the policy of the general court not to enact legislation to allow a disposition
or change in use of lands or easements acquired for natural resource purposes
under Article 97, unless the owner of the lands or easements provides the
general court the following:-
(a) a statement from the secretary of energy and environmental affairs as to
whether the lands or easements are classified as Article 97 lands or easements;
(b) a metes and bounds description of the lands or easements;
(c) a copy of the deed conveying the lands or easements to the present owner;
(d) a statement of the market value, as defined in 12 CFR 323.2(g), of the lands or easements that is substantiated by an appraisal, as defined in 12 CFR 323.2(a), which meets the minimum appraisal standards set forth in 12 CFR 323.4 and which is prepared by a state certified or state licensed appraiser, as defined in 12 CFR 323.2(j)-(k);
(e) copies of statutorily required approvals by the governing body or officer of the owner approving the disposition or change in use of the lands or easements and the acquisition of replacement land, including, if applicable, copies of required approvals by the local conservation commission, which shall have been obtained prior to approval by the governing body or officer;
(f) an alternatives analysis approved by the secretary of energy and environmental affairs;
(g) a metes and bounds description of the replacement land;
(h) a copy of a signed offer, signed purchase and sale agreement, fully executed lease, deed or other legal documents for the conveyance of the replacement land;
(i) a statement of the market value, as defined in 12 CFR 323.2(g), of the replacement land that is substantiated by an appraisal, as defined in 12 CFR 323.2(a), which meets the minimum appraisal standards set forth in 12 CFR 323.4, and which is prepared by a state certified or state licensed appraiser, as defined in 12 CFR 323.2(j)-(k);
(j) a letter from the secretary
of energy and environmental affairs, approving of the replacement land.
Section 4.
The joint committee on bonding, capital expenditures and state assets and the
joint committee on municipalities and regional government shall each file a
report by August 30 of the second year of each legislative session with the
clerks of the senate and house of representatives detailing their activities on
all bills referred to them that involve dispositions or changes in use of lands
or easements taken or acquired for natural resources purposes under Article 97.
Section 5. The commonwealth or its agency, authority or instrumentality thereof shall notify the public 30 days prior to filing a bill to dispose or change the use of any Article 97 lands or easements.
SECTION 2. Within 6 months after the effective date of this act, the secretary of energy and environmental affairs shall develop and publish for public review and comment guidelines for conducting an alternatives analysis and identifying replacement land and within 1 year after the effective date of this act shall publish the guidelines in final form.