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HD 4523

An Act authorizing the division of capital asset management and maintenance to release a certain sewer line easement in the West Roxbury section of the city of Boston

194th Legislature (2025-2026) Introduced by Billy MacGregor

Authorizes DCAMM, with MWRA, to release a portion of the historic sewer easement at 49 Charles Park Rd to Nora LLC for full fair market value, with IG review and Nora paying costs.

Senate concurred
0
WeVote Research Nonpartisan
Bill Summary · HD 4523

Summary: HD 4523 — An Act authorizing release of sewer line easement in West Roxbury, Boston

Overview

HD 4523 is an emergency act filed March 27, 2025, and currently with the Senate concurrence status. The bill authorizes the Commissioner of the Division of Capital Asset Management and Maintenance (DCAMM) to release a portion of a historical sewer line easement on a West Roxbury property to Nora LLC. The act is presented as necessary for the immediate preservation of the public convenience.

Purpose and intent

  • Authorize a partial release of a sewer easement that encumbers a parcel at 49 Charles Park Road, West Roxbury, Boston.
  • Facilitate the property owner (Nora LLC) rights related to their land while preserving sewer infrastructure through appropriate oversight.
  • Ensure appraisal-based compensation and transparent review of the transaction by state watchdog and legislative committees.

Key provisions

  • Section 1: DCAMM, in consultation with the Massachusetts Water Resources Authority (MWRA), may release by deed a portion of the sewer easement on the property to Nora LLC (and successors/assigns). The easement was created for construction, operation, maintenance, and renewal of sewers and related appurtenances, dating to 1897. The exact portion to be released is identified by a 2019 sketch; boundaries will be set by a survey.
  • Section 2: The release must follow terms and conditions prescribed by DCAMM in consultation with MWRA.
  • Section 3: The release’s consideration must be full and fair market value as determined by DCAMM via an independent appraisal. The Inspector General (IG) will review the appraisal methodology and prepare a report. The commissioner will provide the appraisal, IG report, and any comments to the House and Senate Ways and Means and the Joint Committee on State Administration and Regulatory Oversight before documents affecting the release are executed.
  • Section 4: Nora LLC (and successors/assigns) bears all costs related to surveys, appraisals, recording fees, and other expenses tied to the release, as determined by DCAMM.

Affected parties and property details

  • Primary property: 49 Charles Park Road, West Roxbury, Boston.
  • Beneficiary: Nora LLC, owner of the premises.
  • Public agencies involved: DCAMM (authorizing agency) and MWRA (consulted agency).
  • Historical context: The easement was taken by the Office of Metropolitan Sewage Commissioners in 1897 (recorded in Suffolk County deeds).

Process, oversight, and timeline

  • Appraisal and IG review are required, with reports filed to the relevant legislative committees before final execution.
  • The bill explicitly waives certain standard statutory provisions (sections 32–37 of Chapter 7C) to permit this action.
  • Legislative history shows rapid progression to Senate concurrence (status: Senate concurred).

Financial considerations

  • Purchase price: determined as full and fair market value via independent appraisal.
  • Compliance costs: Nora LLC bears survey, appraisal, recording, and related expenses.
  • Oversight: IG review of appraisal methodology; documentation provided to Ways and Means and State Administration and Regulatory Oversight committees.

Legislative status

  • Introduced: March 27, 2025; Filed March 20, 2025.
  • House action: Referred to House Rules (HD 4523, No. 4368).
  • Senate action: Concurred (July 31, 2025) after prior referrals and reporting.

Potential impact

  • Enables property rights adjustment for Nora LLC while preserving public water/sewer infrastructure interests.
  • Establishes a transparent valuation and review process to ensure public accountability.
  • Could serve as a precedent for similar easement releases involving historic sewer rights and state custody of public assets.

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

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