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H 4183

Ora Leigh Elvis sympathy

2025-2026 Regular Session Introduced by Terry Alexander and 121 co-sponsors

H.4183 lets DCAMM grant permanent easements in Lowell to the City for outfall and drainage work, with compensation, restoration, and revocation if used improperly.

Introduced and adopted
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Bill Summary · H 4183

Summary — H.4183 (2025): Authorization for DCAMM to grant easements to the City of Lowell

Status: Introduced (5/5/2025); reported through committees and amended/substituted (new draft H.4772 substituted 11/19/2025).
Primary sponsor: Rep. Rodney M. Elliott (Lowell)

Overview
- H.4183 authorizes the Commissioner of the Division of Capital Asset Management and Maintenance (DCAMM), in consultation with the Commissioner of the Department of Conservation and Recreation (DCR), to grant permanent, perpetual easements over, under and through specified Commonwealth-owned conservation/recreation land in the City of Lowell to the City of Lowell.
- The easements are limited to construction, maintenance, access, operation, replacement, repair, patrol, abandonment, and removal of outfall structures and installation of mainline drains.

Key provisions
- Property and purpose
- Applies to three parcels along the Merrimack River in Lowell comprising approximately 6,750 square feet shown as “Permanent Easement” on a CDM Smith plan (“Bunker Hill Outfall Easement Plan,” Dec. 2024) and described in prior Commonwealth records (Order of Taking, Middlesex North Registry, Book 3830, Page 70; Lowell Heritage State Park plan, Plan Book 157, Plan 69).
- Land currently under DCR care and held for conservation/recreation.

  • Compensation and valuation

    • The City of Lowell must compensate the Commonwealth by: (a) providing improvements to nearby DCR property equal to or exceeding the full and fair market value (or “value in use”) of the easement; (b) paying cash equal to that value; or (c) some combination.
    • Value determined by independent professional appraisals commissioned by DCAMM (in consultation with DCR). All payments are deposited into the Conservation Trust.

  • Costs and approvals

    • The grantee (City) must assume costs of appraisals, surveys and related expenses.
    • The Commissioner must submit the appraisal and report to the Inspector General for review and approval (including methodology). The IG’s report, appraisal and DCAMM report must be filed with House and Senate Ways & Means committees and the joint committee chairs at least 15 days before executing the conveyance.

  • Conditions on the easement

    • Easement instruments must limit use to the purposes in the act.
    • If the easement ceases to be used for authorized purposes it reverts to the Commonwealth (DCR). Any subsequent disposition after reversion would be subject to sections 32–38 of chapter 7C and require General Court approval.
    • The easement holder must restore surface conditions after work to an equivalent or better condition as determined by DCR.

Who is affected
- City of Lowell (grantee/proposed easement holder)
- Division of Capital Asset Management and Maintenance (DCAMM) and Department of Conservation and Recreation (DCR)
- Users of Lowell Heritage State Park and adjacent recreation lands (impacts limited to specified easement areas and restoration requirements)
- Conservation Trust (receives any monetary compensation)

Procedural and timeline notes
- Hearing scheduled 6/24/2025; reported favorably and advanced through Ways & Means; Senate concurred 6/2/2025.
- Committee action on 11/19/2025 recommended “ought to pass with amendment,” substituted a new draft (H.4772); rules were suspended and a second reading occurred with amendment pending.
- Execution of any conveyance requires completion of appraisal, IG review, and a minimum 15-day notification period to specified legislative committees.

Additional note about attached text
- The file also contains the full text of a South Carolina House resolution expressing condolences on the death of Ora Leigh Beaty Elvis (adopted 3/12/2025). That resolution is a separate document unrelated to the Massachusetts easement legislation and does not affect the substance of H.4183.

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

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