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HD 6040

An Act relating to the transfer of interest in land in West Brookfield

194th Legislature (2025-2026) Introduced by Donnie Berthiaume

The bill clarifies that permanent and temporary easements on 652 West Main Street, owned by Fish and Game and tied to a May 31, 2023 taking, are part of the transfer of interest.

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Bill Summary · HD 6040

Summary: An Act relating to the transfer of interest in land in West Brookfield (HD 6040; 194th MA General Court)

Purpose and intent

This bill seeks to amend existing law to clarify and expand the transfer of certain land interests in West Brookfield, Massachusetts. Specifically, it adds language identifying easements related to a parcel associated with plans referenced in an order of taking tied to land owned by the Massachusetts Department of Fish and Game. The aim appears to ensure that permanent and temporary easements on that parcel, as depicted on specific plans, are recognized as part of the transfer of interest addressed by the act.

Key provisions and changes

  • Amendment to existing statute: Section 2 of Chapter 132 of the acts of 2022 is amended.
  • New language added to the end of the first sentence: The bill adds the phrase clarifying that the transfer includes:
    • Certain permanent and temporary easements.
    • These easements are shown on the property identified as 652 West Main Street.
    • The plans referenced in section 1 (of the 2022 act) may be amended.
    • The land upon which these easements lie is owned by the Massachusetts Department of Fish and Game.
    • The land was acquired pursuant to an order of taking dated May 31, 2023.
    • The order of taking was recorded with the Worcester district registry of deeds in Book 69239, Page 355.
    • The purpose of acquisition is fish and wildlife conservation, natural habitat protection, and associated public recreation.

Affected parties and interests

  • State oversight and ownership: Massachusetts Department of Fish and Game (ownership of the land in question).
  • Property interests: Recognition and transfer of both permanent and temporary easements associated with the parcel at 652 West Main Street, West Brookfield.
  • Related plans: Plans referenced in the relevant section (section 1) of the 2022 act, which may be amended to reflect the easements.

Procedural and timeline aspects

  • Effective date: The act takes effect upon passage (retroactive to the date of enactment, per standard MA practice).
  • Legal mechanism: The change codifies that certain easements tied to the Fish and Game land and described on specific plans are part of the transfer of interest addressed by the statute.

Practical implications

  • Clarifies that easements (both permanent and temporary) on the specified parcel are included in the transfer of interest activities governed by the 2022 act provisions.
  • Ensures alignment between the order of taking (May 31, 2023) and the recorded deed transaction, reducing potential ambiguity in title, land use, or future conveyances.
  • Provides a precise reference to the parcel (652 West Main Street) and the deeds registry entry (Book 69239, Page 355) to guide public records and any due-diligence for transactions.

If you’d like, I can compare this bill to the 2022 act language to highlight exact codified cross-references and potential implications for title and land-use permitting.

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

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