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H 5440

An Act authorizing the Division of Capital Asset Management and Maintenance to convey certain parcels of land to the town of Bolton, the town of Lancaster or a municipal utility serving the town of Bolton or the town of Lancaster

194th Legislature (2025-2026) Introduced by Kate Hogan and 1 co-sponsor

Authorizes DCAMM to transfer two parcels to Bolton with reversion if unused for municipal purposes, plus a 180-day purchase window and competitive sale/lease if not completed.

Read; and referred to the committee on Senate Ways and Means
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Bill Summary · H 5440

Overview

House Bill No. 5440 (H.5440) from the 194th Massachusetts General Court seeks to authorize the Division of Capital Asset Management and Maintenance (DCAMM) to convey two parcels of land in the towns of Bolton and Lancaster (and certain related rights) for municipal uses, with provisions for sale, lease, or transfer if Bolton does not complete a purchase within a set timeframe. The measure is labeled an emergency law to take effect immediately.

Main purpose and intent

  • To enable DCAMM to transfer two parcels that previously formed part of the Lancaster Industrial School for Girls campus to the town of Bolton.
  • To provide a process for Bolton to acquire the parcels (or rights to them) and to specify uses, appraisal, oversight, and reversion if the land ceases to be used for general municipal purposes.
  • To create a parallel authority to convey portions of land for well/wellhead protection in Lancaster/Bolton areas to Bolton, Lancaster, or a related municipal utility, potentially for housing development or protection purposes.

Key provisions and changes

  • Section 1: DCAMM may convey two parcels to Bolton:
    • Parcel descriptions: (i) Northeast corner of the former Lancaster Industrial School for Girls at 220 Old Common Road (Lancaster) that extends into Bolton; and (ii) the Bolton dam near the Lancaster town line. Exact boundaries to be finalized by survey.
    • Bolton’s uses restricted to general municipal purposes.
    • Deed must include a reversion clause: if parcels cease to be used for general municipal purposes, title reverts to the Commonwealth. Bolton must receive notice and an opportunity to cure alleged non-use.
    • Consideration: fair market value as determined by DCAMM via independent appraisal, with IG review and a 15-day notice to House/Senate Ways and Means and the Joint Committee on State Administration and Regulatory Oversight before documents affecting the conveyance are executed.
  • Section 2: If Bolton fails to complete the purchase within 180 days (or an agreed extension), DCAMM may dispose of the parcels by sale, long-term lease (up to 99 years, including renewals), or other transfer on terms deemed appropriate.
    • Requires competitive bidding. Notice to be published in the Massachusetts Central Register 30 days before bids are due, including details of the process and the successful party and amount.
    • Purchasers/lessees assume liability for conditions or other issues; Commonwealth disclaims liability.
  • Section 3: Deeds may include rights of way or easements for access, drainage, or utilities as needed.
  • Section 4: Purchasers/lessees bear all costs (surveys, deed prep, recording fees, etc.).
  • Section 5: Proceeds from sale/lease to be deposited into the General Fund.
  • Section 6: DCAMM may convey a portion of the former Lancaster Industrial School for Girls to Bolton, Lancaster, or a municipal utility for well/wellhead protection, or for housing development purposes in specific circumstances. If housing development is a goal, conveyance may be for nominal consideration.
    • Lancaster may own conveyed property in Bolton for well protection.

Affected parties

  • Town of Bolton (primary recipient of the parcels, with use-for-municipal purposes and potential rights to acquire property).
  • Town of Lancaster (potential conveyance in Section 6 for protection purposes or housing-related development).
  • Municipal utilities serving Bolton and/or Lancaster (potential holders of conveyed rights or parcels).
  • Commonwealth of Massachusetts (retains reversion rights and overall oversight; proceeds go to General Fund).
  • Inspector General (reviews appraisal methodology and comments on the appraisal).

Procedural and timeline aspects

  • Emergency enactment language: the act is intended to take effect immediately upon passage to avoid delay in transfers.
  • Appraisal and oversight timeline: independent appraisal by DCAMM, IG review and comment, and 15-day notification to specified legislative committees prior to executing conveyance documents.
  • Purchase timeline: 180-day window for Bolton to complete the purchase; failure triggers a competitive disposition process with notice and bidding.
  • Public notice requirements: 30-day advance notice in the Central Register for bids/proposals.

Potential impact

  • Facilitates transfer of historic or utility-adjacent parcels to local municipalities for municipal use or protection-related purposes.
  • Introduces a reversion mechanism to protect public property if used improperly.
  • Creates a structured framework for appraisals, bidding, and disclosure to legislative oversight bodies.
  • Could affect Bolton’s development plans, especially if housing development or public utility needs are involved under Section 6.

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

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