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ARTICLE 29
Alternative Methods of Dealing with MGL Chapters 61, 61A, and 61B
The intent of this Bylaw is that the Town acquire MGL Chapter 61, 61A, and 61B land whenever possible.
DEFINITIONS:
Buyer: The intended bona fide purchaser(s) of the owner's land.
Cooperating Entity: Any governmental unit, department, or agency (except the Town and any department, board, or committee thereof) and any non-profit association, trust, corporation and/or other organization or entity whose sole purpose is to acquire and/or aid other organizations or entities in the acquisition of open land, wetland, forested land, agricultural land, horticultural land, conservation land, and other types of undeveloped and/or wild land, as the case may be, to be forever held, managed, maintained and preserved free from any residential, industrial and/or commercial development and/or use.
Fair Value: The full and fair value of the owner's land, as of the notice date, as determined pursuant to MGL Chapter61, 61A and 61B, as the case may be.
Option Period: The period permitted the Town to exercise its first refusal option as provided in MGL Chapter 61, 61A and 61B, as the case may be.
Owner: The person, or those persons, whose land is subject to the Town's first refusal option under MGL Chapter 61, 61A and 61B, as the case may be.
Purchase Price: That sum offered by the buyer, bona fide, to the owner, to purchase the owner, to purchase the owner's land.
Unconditional Gift or Grant: Any gift or grant of money or its equivalent, and any written and binding pledge thereof, made to the Town by any source whatsoever, which the Town is not obligated to repay.
1. Whenever the Town is given notice of the proposed sale or conversion to another use of MGL Chapter 61, 61A and/or 61B land, as the case may be, and, within the option period, the Town has received an unconditional gift or grant equivalent to the purchase price or the fair value of such land, as the case may be, for the purchase of such land, the Board of Selectmen shall, with the option period, give requisite notice of exercise, of the Town's option to the owner. Thereafter, at a town meeting, the Town shall vote to determine the municipal purpose, if any, for which such land is to be held by the Town and, if appropriate, whether the Conservation Commission shall mange such land.
2. Whenever the Town is given notice of the proposed sale or conversion to another use of MGL Chapter 61, 61A and/or 61B land, as the case may be, and, within the option period, the Town receives from a cooperating entity funding and/or a binding written pledge for funding equivalent to the purchase price or the fair value of such land, as the case may be, for the purchase of such land, but subject to a contingency that the cooperating entity is to be repaid, in whole or in part, in cash or its equivalent, in installments or otherwise or, failing such repayment, by conveyance of such land, or portions thereof, or certain rights therein, to the cooperating entity to be forever held by the cooperating entity in accordance with its land conservation purpose, all as negotiated by the Board of Selectmen
with the cooperating entity, the Board of Selectmen shall give requisite notice to the owner of the exercise of the Town's option.
The Board of Selectmen shall then take custody of such land and, thereafter, the Town shall vote to determine whether the Town will ratify such repayment terms as were negotiated by the Board of Selectmen with the cooperating entity. If the Town does not vote to ratify such repayment terms the Town, after actually receiving from the cooperating entity funding equivalent to the purchase price or the fair value of such land, as required, shall convey to the cooperating entity all of its right, title and interest in such land unless such cooperating entity previously agreed to accept portions of such land, or certain rights therein, only, in which event the Town shall convey such portions of the land, or certain rights therein, only, to the cooperating entity in accordance with its land conservation purpose. If
the Town does vote to ratify such repayment terms the Town, thereafter, shall vote to determine the municipal purpose, if any, for which such land is to be held by the Town and, if appropriate, whether the Conservation Commission shall manage such land.
3. In all other instances in which the Town is given notice of the proposed sale or conversion to another use of MGL Chapter 61, 61A and/or 61B land, as the case may be, and, within the option period, the Town receives from a cooperating entity partial funding and/or a binding written pledge for partial funding to acquire such land, whether or not the cooperating entity seeks reimbursement or repayment in any form for such partial funding and/or binding written pledge for such partial funding, the Board of Selectmen is authorized and encouraged to bring before the Town, at a Town Meeting called within the option period, terms negotiated by the Board of Selectmen with such cooperating entity for the acquisition of such land, to see if the Town will vote to ratify and confirm such terms.
Thereafter, if need be, the Town shall vote to determine the municipal purpose, if any, for which such land shall be held by the Town and, if appropriate, whether the Conservation Commission shall manage such land.
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