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SD 3004

An Act authorizing the Commonwealth of Massachusetts, acting by and through its Division of Capital Asset Management and Maintenance, to grant permanent easements over certain land in the town of Milton for highway purposes

194th Legislature (2025-2026) Introduced by Bill Driscoll

MassDOT would obtain permanent easements on specified DCR land in Milton for highway improvements, with compensation to DCR and funds directed to conservation land acquisitions.

Referred to the committee on State Administration and Regulatory Oversight
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Bill Summary · SD 3004

Summary of Senate Bill SD 3004

Executive overview

  • Title: An Act authorizing the Commonwealth of Massachusetts, acting by and through its Division of Capital Asset Management and Maintenance, to grant permanent easements over certain land in the town of Milton for highway purposes.
  • Sponsor and status: Sponsored by Senator William J. Driscoll, Jr.; referred to the committee on State Administration and Regulatory Oversight (with rules-related referrals previously). Introduced June 26, 2025; emergency legislation taking effect upon passage.
  • Purpose: To authorize the transfer of specific parcels of land in Milton from the Department of Conservation and Recreation (DCR) to the Massachusetts Department of Transportation (MassDOT) for highway purposes tied to an intersection improvement project at Randolph Avenue (Route 28) and Chickatawbut Road.

What the bill would do

  • Section 1 grants MassDOT the authority, on an emergency basis, to receive permanent easements over designated DCR lands in Milton (identified parcel numbers: 8-E-3, 8-E-4, 8-HL-1, 8-HL-2, 8-HL-3, 8-HL-PUE-4, 8-HS-1, 8-W-4, 8-D-1, and 8-PUE-W-5) for highway purposes, pursuant to a plan on file with DOT.
  • Section 2 creates a mitigation mechanism: MassDOT must compensate DCR at least 110% of the fair market value or value in use, as determined by independent appraisal, with the funds deposited into the Conservation Trust (per Chapter 132A) to be used within 3 years to acquire land or conservation lands with comparable or greater natural resource value.
  • Section 3 requires appraisals to be conducted by a qualified appraiser, with methodology reviewed by the Massachusetts Inspector General. The IG’s review and comments must accompany the appraisal and be provided to the House and Senate committees on Ways and Means and the chairs of the joint Committee on State Administration at least 15 days before conveyance.
  • Section 4 assigns all costs related to engineering, surveys, appraisals, and deed preparation to MassDOT.
  • Section 5 provides that the act takes effect upon passage.

Key provisions and mechanics

  • Transfer mechanism: Temporary waiver of certain General Laws (Ch. 7C sections 32–38) to enable the transfer of land from DCR to DOT for highway improvements.
  • Public safety justification: The act includes an emergency declaration to ensure immediate action for the intersection improvement project.
  • Valuation and compensation: Independent appraisal determines compensation; MassDOT must pay at least 110% of FMV or value in use, whichever is greater.
  • Conservation funding: Proceeds from the transfer go to the Conservation Trust for immediate use to acquire land with conservation value, ensuring a like-for-like or greater natural resource benefit.
  • Oversight and transparency: IG review of appraisal; reports and supporting documents shared with legislative committees 15 days prior to conveyance.

Who would be affected

  • Commonwealth agencies: MassDOT gains permanent easements needed for highway work; DCR relinquishes specified parcels but receives compensation.
  • Conservation interests: Funds used to acquire conservation lands; potential future land acquisitions must be in comparable natural resource value.
  • Milton residents and landowners: Impacts related to the intersection improvement project (traffic flow, access, and surrounding land use).
  • Taxpayers: Public cost shared via DOT financing, with targeted reinvestment into conservation land.

Timeline and procedural notes

  • Filed: June 24, 2025; introduced June 26, 2025.
  • Status actions: Referred to Rules (June 26, 2025); Rules suspended (August 14, 2025); subsequently referred to the committee on State Administration and Regulatory Oversight (August 14, 2025).
  • Emergency provision: The act is explicitly drafted as emergency legislation, taking effect upon passage.

Compiled from official sources — confirm details with the bill’s official record.

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