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HD 5112

An Act authorizing the county of Nantucket to convey School Street situated in the town and county of Nantucket for purposes of conveyance to the town of Nantucket

194th Legislature (2025-2026) Introduced by Thomas Moakley

Authorizes Nantucket County to convey School Street to the Town of Nantucket, shifting ownership and maintenance from county to town for local control.

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Bill Summary · HD 5112

Summary: House Bill HD 5112 (An Act authorizing the county of Nantucket to convey School Street to the town of Nantucket)

Overview

HD 5112 is a proposed Massachusetts local act that would authorize the County of Nantucket to convey School Street (as shown on a specific historic plan) to the Town of Nantucket for the purpose of conveyance to the town. The bill is introduced in the 2025-2026 General Court session and has received local approval.

  • Introduced: November 29, 2025
  • Filed: September 5, 2025 (House Docket No. 5112)
  • Companion/related filing: House No. 4505; previously similar matter filed in 2023-2024 (Senate No. 2942)
  • Local approval: Noted as received

Purpose and Intent

  • The primary goal is to enable the county to transfer ownership of School Street to the Town of Nantucket, facilitating the town’s control and conveyance of the street within Nantucket.
  • The transfer would be consistent with the plan of taking for Nantucket County Commissioners’ School Street in Nantucket (Surfside), dating to 1981, and recorded in the Nantucket County Registry of Deeds.

Key Provisions

  • Section 1: Authorization and conveyance

    • The County of Nantucket is authorized to convey School Street (as depicted on the 1981 plan titled “Plan of Taking for Nantucket County Commissioners School Street in Nantucket (Surfside) MA.”) to the Town of Nantucket for purposes of conveyance to the town.
    • The conveyance would be on terms and conditions deemed appropriate by the Nantucket Select Board, including the possible reservation of restrictions and easements as shown on a map on file with the town clerk.

  • Section 2: Exclusions from standard procurement/ROFR rules

    • The conveyance would not be subject to the procurement requirements of Chapter 30B of the Massachusetts General Laws.
    • The rights of first refusal under Section 14 of Chapter 34 of the General Laws would not apply to this conveyance.

  • Section 3: Effective date

    • The act would take effect upon passage.

Affected Parties and Impact

  • Affected entities:
    • County of Nantucket (seller/transferor)
    • Town of Nantucket (likely recipient and administrator of the street)
  • Potential impacts:
    • Shifts ownership and maintenance responsibilities for School Street from the county to the town.
    • Allows the town to address conveyance or further disposition consistent with local plans.
    • The sale/transfer could involve restrictions or easements as identified on the town’s map; these would shape future use and access.
  • Notable constraints:
    • The transfer would not be governed by Chapter 30B (procurement rules) or certain ROFR protections, potentially expediting the transaction.

Procedural and Timeline Aspects

  • Status: Proposed local act in the 2025-2026 session
  • Next steps (typical for local acts):
    • Passage by both chambers of the General Court
    • Signature by the Governor
  • Local approval: Indicated as already received, which is common for local acts affecting a specific municipality.

Context and Considerations

  • This bill references a historical plan from 1981 and a plan book entry, indicating the street’s formal designation and ownership history.
  • A related bill circulated in a previous session (Senate No. 2942, 2023-2024), suggesting ongoing local consideration of this transfer.

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

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