H 5440

HOUSE . . . . . . . . No. 5440
   The Commonwealth of Massachusetts
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  HOUSE OF REPRESENTATIVES, May 20, 2026.
    The committee on Ways and Means to whom was referred the Bill
authorizing the Division of Capital Asset Management and Maintenance
to dispose of certain parcels of land in the town of Bolton (House, No.
3346), reports recommending that the same ought to pass with an
amendment substituting therefor the accompanying bill (House, No. 5440)
[Local Approval Received].
  For the committee,
  AARON MICHLEWITZ.
  FILED ON: 5/19/2026
HOUSE . . . . . . . . . . . . . . . No. 5440
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
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    An Act authorizing the Division of Capital Asset Management and Maintenance to convey
    certain parcels of land to the town of Bolton, the town of Lancaster or a municipal utility serving
    the town of Bolton or the town of Lancaster.
  Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
    forthwith authorize the transfer of certain parcels of land to the town of Bolton, the town of
    Lancaster or a municipal utility serving the town of Bolton or the town of Lancaster, 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:
1SECTION 1. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the
2 General Laws or any other general or special law to the contrary, the commissioner of capital
3 asset management and maintenance may convey 2 parcels of land to the town of Bolton. The
4 parcels to be conveyed formerly served as part of the campus of the Lancaster Industrial School
5 for Girls and are described as: (i) the Northeast corner of the former Lancaster Industrial School
6 for Girls, located at 220 Old Common road in the town of Lancaster, that extends into the town
7 of Bolton on a plan of land entitled “Lancaster Complex South Bolton & Old Common Roads
8 Lancaster & Bolton, Massachusetts”, prepared by Design Professionals, Inc. and dated
9 November 2, 2018 which is on file with the division of capital asset management and
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10 maintenance; and (ii) the Bolton dam in the town of Bolton, located near the Lancaster town line,
11 as shown on 2 maps on file with the division of capital asset management and maintenance. The
12 parcels are further described in deeds recorded in the Worcester district registry of deeds in: (a)
13 book 639, page 254; (b) book 639, page 255; (c) book 549, page 192; (d) book 549, page 194;
14 and (e) book 2642, page 485. The exact location and boundaries of the parcels to be conveyed
15 shall be determined by the commissioner after completion of a survey.
16(b) Notwithstanding any general or special law to the contrary, the town of Bolton, acting
17 by and through its select board, may enter into a purchase and sale agreement, lease or other
18 agreement to acquire the parcels or acquire rights to the parcels described in subsection (a).
19(c) The uses of the 2 parcels described in subsection (a) shall be restricted to general
20 municipal purposes. The deed or other instrument conveying the parcels to the town of Bolton
21 shall state that said parcels shall be used solely for general municipal purposes and shall include
22 a reversionary clause that stipulates that if the parcels cease at any time to be used for such
23 purposes, then title to the parcel shall, at the election of the commonwealth, revert to the
24 commonwealth. The reversionary clause shall require that the town of Bolton receive reasonable
25 notice of and a reasonable time to cure any allegation that either parcel is not being used for
26 general municipal purposes.
27(d) The consideration for the conveyance of the parcels described in subsection (a) shall
28 be the fair market value of the parcels as determined by the commissioner of capital asset
29 management and maintenance based upon an independent professional appraisal, taking into
30 consideration the restriction on the use of the parcels pursuant to subsection (b). The
31 commissioner shall submit the appraisal to the inspector general for review and comment. The
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32 inspector general shall review and approve the appraisal and the review shall include an
33 examination of the methodology utilized for the appraisal. The inspector general shall prepare a
34 report and file the report with the commissioner. After receiving the report, the commissioner
35 shall submit copies of the report to the house and senate committees on ways and means and the
36 joint committee on state administration and regulatory oversight not less than 15 days prior to the
37 execution of documents affecting the conveyance pursuant to this act.
38SECTION 2. (a) Notwithstanding sections 33 to 37, inclusive, of chapter 7C of the
39 General Laws or any other general or special law to the contrary, if the town of Bolton does not
40 complete the purchase of the parcels pursuant to section 1 within 180 days of the effective date
41 of this act or such date thereafter as agreed to by the town of Bolton and the commissioner of
42 capital asset management and maintenance, then, the commissioner may sell, lease for a term of
43 up to 99 years, including all renewals and extensions, or otherwise grant, convey or transfer to
44 purchasers or lessees an interest in the parcels described in section 1, or any portions thereof, on
45 such other terms and conditions as the commissioner considers appropriate.
46(b) The commissioner of capital asset management and maintenance shall use appropriate
47 competitive bidding processes and procedures when making any disposition pursuant to
48 subsection (a). Not less than 30 days before the date on which bids, proposals or other offers to
49 purchase the parcels, or any portion thereof, are due, the commissioner shall place a notice in the
50 central register published by the state secretary pursuant to section 20A of chapter 9 of the
51 General Laws stating: (i) the availability of the parcels; (ii) the nature of the competitive bidding
52 process; (iii) the time, place and manner for the submission of bids and proposals and the
53 opening of the bids or proposals; and (iv) any other information that the commissioner deems
54 relevant. The commissioner shall place notice in the central register of the individual or firm
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55 selected as party to any real property transaction involving the property and the amount of the
56 transaction.
57(c) Any purchase and sale agreement, lease or other document relating to the sale, lease,
58 transfer or other disposition of the parcels, or any portions thereof, pursuant to this section shall
59 provide that the commonwealth shall have no liability to any purchaser, lessee, transferee or
60 successor to any purchaser, lessee or transferee of all or part of the parcels described in
61 subsection (a) of section 1 for any claims arising out of or related to the conditions, known or
62 unknown, of the parcels or otherwise in connection with any sale, lease, transfer or other
63 disposition thereof.
64SECTION 3. A deed executed pursuant to sections 1 or 2 may retain or grant rights of
65 way or easements for access, egress, utilities and drainage across any other portions of the
66 parcels and the commonwealth may accept from a purchaser rights of way or easements in
67 roadways or across any portions of the parcels to be conveyed or transferred for access, egress,
68 drainage and utilities as the commissioner of capital asset management and maintenance may
69 determine necessary and appropriate to carry out this act.
70SECTION 4. The purchaser or lessees of the parcels, or any portions thereof, pursuant to
71 section 2 shall be responsible for all costs and expenses related to the purchase, lease or transfer
72 of such parcels including, but not limited to, costs associated with surveys, deed preparation and
73 recording fees as determined by the commissioner of capital asset management and maintenance.
74SECTION 5. The cash proceeds, pursuant to subsection (a) of section 1 or subsection (a)
75 of section 2 of the sale of the parcels described in this act or any portion thereof, shall be
76 deposited into the General Fund.
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77SECTION 6. (a) Notwithstanding sections 33 to 37, inclusive, of chapter 7C of the
78 General Laws, chapter 156 of the acts of 2024 or any other general or special law to the contrary,
79 the commissioner of capital asset management and maintenance may convey to the town of
80 Lancaster, the town of Bolton or a municipal utility serving the town of Lancaster or the town of
81 Bolton, a portion of the former Lancaster Industrial School for Girls which is described in deeds
82 recorded in the Worcester district registry of deeds in: (i) book 639, page 254; (ii) book 639,
83 page 255; (iii) book 549, page 192; (iv) book 549, page 194; and (v) book 2642, page 485 for
84 well or wellhead protection purposes, including, without limitation, any portion of the former
85 Lancaster Industrial School for Girls.
86(b) Any conveyance made pursuant to subsection (a) shall be on terms and conditions to
87 be determined by the commissioner; provided, that, if the conveyance is deemed by the
88 commissioner to be necessary to the development of housing at the former Lancaster Industrial
89 School for Girls, the commissioner may convey said parcels to the town of Lancaster, the town
90 of Bolton or a municipal utility serving the town of Lancaster or the town of Bolton for nominal
91 consideration.
92(c) Notwithstanding any general or special law to the contrary, the town of Lancaster may
93 own real property conveyed by the commissioner pursuant to this section in the town of Bolton
94 for well or wellhead protection purposes.
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