S 3231

SENATE . . . . . . . . . . . . . . No. 3231
Senate, July 29, 2026 -- Text of the Senate amendment (Senator Rush) to the House Bill
authorizing the division of capital asset management and maintenance to take by eminent domain
certain land in the town of Norwood (House, No. 5553).
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
1SECTION 1. (a)(1) 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 shall conduct an appropriate competitive bidding process to
4 dispose of the parcel described in subsection (b) or portion thereof for use by a qualified
5 nonprofit entity for the purposes of a health care facility, in consultation with the secretary of
6 health and human services. Competitive bidding shall include but not be limited to: (i) notice
7 placed in the central register; (ii) a requirement that the proposals contemplate use for health care
8 purposes; (iii) a requirement permitting bids solely from nonprofit buyers; and (iv) any other
9 condition the commissioner deems appropriate. Any obligation for the commissioner of capital
10 asset management and maintenance under this act shall cease if said parcel is owned, leased or
11 otherwise under contract for health care services; provided, however, that the commissioner may
12 delay any action pertaining to the competitive bidding process under this subsection or the taking
13 pursuant to subsection (b) if a sale, lease or agreement between MPT of Norwood-Steward, LLC
14 and a health care operator appears likely to result in near-term execution.
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15(2) The commissioner shall establish the value of the parcel using customarily accepted
16 appraisal methodologies. The value shall be calculated for the: (i) highest and best use of the
17 property as currently encumbered; and (ii) purposes described in this section.
18The commissioner shall submit the appraisal to the inspector general for the inspector
19 general’s review and comment. The inspector general shall review and approve the appraisal;
20 provided, however, that such review shall include an examination of the methodology utilized
21 for the appraisal; and provided further, that the inspector general shall prepare a report of their
22 review and file the report with the commissioner of capital asset management and maintenance
23 for submission by the commissioner to the house and senate committees on ways and means and
24 the joint committee on state administration and regulatory oversight. The commissioner shall
25 submit copies of the appraisals and the inspector general’s report and comments, if any, to the
26 house and senate committees on ways and means and the joint committee on state administration
27 and regulatory oversight not less than 15 days prior to the execution of documents effecting the
28 transfer described in paragraph (3) of subsection (b).
29The commissioner shall place notice in the central register of the established values and
30 price proposed not less than 30 days before the date on which the bid, proposal or other offer to
31 purchase may be accepted by the commonwealth.
32(b)(1) Notwithstanding section 2 of chapter 79 of the General Laws or any other general
33 or special law to the contrary, the division of capital asset management and maintenance shall
34 take by eminent domain, pursuant to said chapter 79 and for the purpose of ensuring access to
35 health care for the public, a certain parcel of land, commonly known as Norwood hospital,
36 owned by MPT of Norwood-Steward, LLC located at 800 Washington street in the town of
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37 Norwood identified on the town of Norwood assessor’s map as map 2, lot 6-1 and being 1 of the
38 parcels described in a deed recorded with the Norfolk county registry of deeds in book 36099,
39 page 419; provided, however, that such taking shall be subject to: (i) appropriation by the general
40 court of sufficient funds specifically designated to make a payment pro tanto for the parcels
41 described in this paragraph, in accordance with said chapter 79, and to pay or provide for costs
42 and expenses reasonably anticipated to be incurred by the commonwealth in connection with the
43 acquisition, care and control and disposition of the property contemplated by this act; (ii)
44 acceptance of bids, proposals or other offers by a qualified nonprofit organization in accordance
45 with subsection (a) for purposes of a health care facility; and (iii) the notice period described in
46 subsection (a).
47(2) Notwithstanding chapter 7C of the General Laws or any other general or special law
48 to the contrary, upon the completion of the taking pursuant to paragraph (1) the executive office
49 of health and human services shall have care and control of the parcels of land so taken.
50(3) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, the
51 commissioner of capital asset management and maintenance shall convey the parcels of land so
52 taken, or any portion thereof, on terms that may be determined by the commissioner acting in
53 consultation with the secretary of health and human services, to 1 or more qualified nonprofit
54 organizations in accordance with the process set forth in subsection (a). The parcels shall be
55 conveyed without warranties or representations by the commonwealth and shall be subject to
56 value recapture provisions and any additional terms and conditions as the commissioner of
57 capital asset management and maintenance may deem necessary.
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58(c) If a qualified nonprofit entity does not complete a purchase of the property pursuant to
59 subsections (a) and (b) not later than January 15, 2033, or by such later date as may be agreed to
60 by a prospective purchaser and the commissioner of capital asset management and maintenance,
61 then, notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or any
62 other general or special law to the contrary, the commissioner may sell, lease for a term up to 99
63 years, including all renewals and extensions, or otherwise grant, convey or transfer to 1 or more
64 purchasers or lessees an interest in the parcel or portions thereof, on such terms and conditions as
65 the commissioner considers appropriate; provided however, that any such interest shall be
66 conveyed by deed or other instrument of transfer of an interest in real property without
67 warranties or representations by the commonwealth. In making any such disposition, the
68 commissioner of capital asset management and maintenance shall use appropriate competitive
69 bidding processes and procedures, including, but not limited to: absolute auction, sealed bids and
70 requests for price and development proposals. Not less than 30 days before the date on which
71 bids, proposals or other offers to purchase or lease the parcel or any portion thereof pursuant to
72 this subsection are due, the commissioner of capital asset management and maintenance shall
73 place a notice in the central register published by the state secretary pursuant to section 20A of
74 chapter 9 of the General Laws stating the availability of the property, the nature of the
75 competitive bidding process and such other information as the commissioner considers relevant,
76 including the time and location of the auction, the submission of bids or proposals and the
77 opening thereof. Notwithstanding the foregoing, the town of Norwood shall have the right of
78 first refusal to purchase, lease or otherwise acquire an interest in the parcels described in this act.
79 If the commissioner intends to sell, lease, convey or otherwise transfer all or any portion of said
80 parcels, the commissioner shall provide written notice of such intent to the town. The notice shall
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81 include, but shall not be limited to, a description of the portion of said parcels which the
82 commissioner intends to sell, lease, convey or otherwise transfer. The town shall have not less
83 than 90 days to notify the commissioner that the town intends to acquire the parcels for a
84 purchase price to be determined by independent appraisal. If the town notifies the commissioner
85 that the town intends to acquire the parcels, the town shall have not less than 90 days from the
86 date of its notice to complete the purchase.
87SECTION 2. This act shall take effect on November 1, 2026.
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