Bill
H 4364
authorize CMA to grant permanent and temporary easements on armory land in Bourne for a subsurface waterline, with costs borne by Bourne and value set by independent appraisal
Status and context
- Introduced: July 30, 2025
- Purpose: To authorize the Commonwealth’s Commissioner of the Division of Capital Asset Management and Maintenance (now CMA) to grant certain permanent and temporary easements to the Town of Bourne for a subsurface waterline on Commonwealth land used for armory purposes.
- Emergency status: Declared an emergency measure to provide for an easement “forthwith” for immediate public convenience.
- Enacted: Signed by the Governor as Chapter 26 of the Acts of 2025 (September 11, 2025).
Purpose and scope
- The bill permits CMA, in consultation with the Adjutant General, to convey permanent and temporary easements on Armory Road in Bourne, on lands used for armory purposes, to install, use, maintain, repair, and replace a subsurface waterline.
- The easements are to be defined by a plan on file with the Bourne town clerk titled: “Proposed Utility Easement Plan in Bourne, Mass prepared for town of Bourne #31 Armory Road Map 19.4 Parcel 181” dated October 15, 2018, with final boundaries set by a CMA survey.
- Easements are granted subject to sections 2–4 of the act and any additional terms CMA, in consultation with the Adjutant General, reasonably requires.
Key provisions
1) Easement conveyances (Section 1)
- CMA, with Adjutant General input, may grant permanent and temporary easements for the subsurface waterline on the specified armory lands.
- Boundaries determined by CMA via survey.
- Use limited to installation, use, maintenance, repair, and replacement of the subsurface waterline.
- Compliance with other terms set by CMA and the Adjutant General.
2) Costs (Section 2)
- Town of Bourne bears all costs related to engineering, surveys, appraisals, deed preparation, and other expenses necessary to effectuate the conveyances.
3) Consideration and appraisal (Section 3)
- Consideration: the full and fair market value of the easements or the value in proposed use, whichever is greater.
- Determination by CMA based on an independent appraisal, conducted by a qualified appraiser.
- Inspector General (IG) reviews the appraisal methodology and prepares a report; the report is filed with CMA.
- Copies of the IG report are sent to the House and Senate Committees on Ways and Means and the Joint Committee on State Administration and Regulatory Oversight at least 15 days prior to execution of documents affecting the conveyances.
4) Reversion and use restrictions (Section 4)
- Instruments must limit easements to the uses described in Section 1.
- Includes a reversionary clause: if the property ceases to be used for the authorized purposes, the easements may revert under terms determined by CMA.
- If a violation occurs, CMA must notify Bourne, which may cure the violation.
- If any interest reverts to the Commonwealth, further disposition is subject to Chapters 7C, Sections 34–37, and prior General Court approval.
Affected parties
- Town of Bourne: gains access to legally defined easements for a subsurface waterline, with costs borne by Bourne.
- Commonwealth (CMA and the Adjutant General): oversees conveyance, ensures proper appraisal, monitoring, and enforcement; maintains reversion rights.
- Inspector General: reviews appraisal methodology and outcomes.
Timeline and procedural notes
- Emergency preamble adopted September 2, 2025.
- Enacted and signed into law as Chapter 26 on September 11, 2025.
- Final steps include notification and reporting requirements prior to documents affecting the conveyances.
Compiled from official sources — confirm details with the bill’s official record.
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