Bill
H 3408
Authorizes DCAMM to convey two Tewksbury parcels (cemetery and recreation) to the town at fair market value, with IG review and committee oversight before deed.
Status snapshot
- Bill number: H 3408
- Title (as filed): An Act authorizing the commissioner of Capital Asset Management and Maintenance to convey a certain parcel of land in the town of Tewksbury
- Sponsor: Representative David Allen Robertson (19th Middlesex); member W. Newton later added as sponsor (05/28/2025)
- Filed: January 16, 2025 (file/docket entries also show activity Jan–Feb 2025)
- Referred to: Committee on Judiciary; Committee on State Administration and Regulatory Oversight (per docket entries)
- Hearing scheduled: April 9, 2025 (1:00–5:00 PM, A‑2)
- Reporting date extended to December 3, 2025
Note on source text
- The submitted bill text primarily concerns a Massachusetts conveyance to the town of Tewksbury. The materials also include unrelated draft language from a South Carolina bill addressing foreign‑adversary ownership of real estate; that South Carolina text appears to be a separate proposal and is not part of H.3408 as filed in Massachusetts. The summary below focuses on the Massachusetts H.3408 content.
Purpose and intent
- Authorize the state’s Division of Capital Asset Management and Maintenance (DCAMM) — via the Commissioner — to sell/convey two specific parcels in Tewksbury (previously conveyed to the Department of Public Health in 1979) to the Town of Tewksbury for municipal uses (cemetery and recreational).
Key provisions
- Parcel descriptions:
- Parcel 62‑19‑3 (approx. 11.019 acres) — conveyance authorized for use as a cemetery.
- Parcel 62‑19‑2 (approx. 0.517 acres) — conveyance authorized for recreational use.
- Conveyance is authorized notwithstanding any general or special law to the contrary (i.e., a statutory exception to normal disposal rules).
- DCAMM may make “minor modifications” to the area/plan prior to finalizing the conveyance to effectuate the purposes of the sections.
- Consideration: sale price must equal the parcel’s fair market value as determined by DCAMM based on an independent professional appraisal that accounts for the use restrictions (cemetery or recreational).
- Oversight and review:
- The appraisal must be submitted to the Inspector General (IG) for review, comment, and approval, including review of appraisal methodology.
- The IG must prepare a report of the review; DCAMM must submit the appraisal(s) and the IG’s review/approval to the House and Senate Committees on Ways and Means and the Joint Committee on State Administration and Regulatory Oversight.
- Those materials must be provided at least 15 days before execution of the conveyance documents.
Who is affected
- Town of Tewksbury: prospective purchaser and future operator/maintainer of the parcels (cemetery and recreational uses).
- Commonwealth of Massachusetts: owner/transferor (DCAMM) and prior holder (Department of Public Health recorded deed 11/23/1979).
- Inspector General and legislative committees: have statutory review and oversight roles prior to conveyance.
- Local residents: potential access to recreational land and new municipal cemetery capacity; property tax and maintenance responsibilities transfer to the town once conveyed.
Potential fiscal and practical impacts
- Fiscal: sale proceeds equal to FMV (as adjusted for use restrictions) would accrue to the Commonwealth (subject to state accounting practices). The effect is expected to be limited to the proceeds from these two parcels.
- Municipal: town assumes responsibility for operation, maintenance, and any costs associated with cemetery or recreational use.
- Timeline/process: IG review plus a required 15‑day pre‑execution notice to key committees could delay execution; DCAMM authority to make minor plan changes provides flexibility to resolve technical issues pre‑conveyance.
- Legal: the conveyance is authorized by statute (overrides contrary laws), but subject to appraisal/IG/committee notification requirements.
If you would like
- A focused summary of the unrelated South Carolina “foreign adversary” real‑estate prohibition text that appears in the materials, I can provide that separately and point out differences.
Compiled from official sources — confirm details with the bill’s official record.
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