Code of Massachusetts Regulations
301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Title 301 CMR 51.00 - Land acquisition
Section 51.08 - Real Property Acquisition Procedures

Universal Citation: 301 MA Code of Regs 301.51

Current through Register 1531, September 27, 2024

(1) The approval of the Commissioner of DCAMM shall be required prior to the recordation of the conveyancing document(s) for any real property to be acquired for Article 97 purposes. The EEA Agency Head shall certify compliance with 301 CMR 51.00 on a form developed by the Secretary in consultation with the Commissioner of DCAMM, and shall forward said certification form to said Commissioner, together with the following acquisition documentation:

(a) the appraisal(s);

(b) a copy of the attorney certification of title and copies of listed encumbrances and defects to title, if any;

(c) the environmental site assessment, if any;

(d) a copy of the survey, if any:

(e) a copy of the notice published in the Central Register, if any;

(f) a copy of the notice to public officials, if any, of the planned acquisition;

(g) a copy of notice of public hearing, if any, of the planned acquisition; and

(h) A copy of the disclosure statement required under 301 CMR 51.00; if any.

(2) The Commissioner of DCAMM shall have ten business days to certify the receipt of acquisition documentation as described in 301 CMR 51.08. Concurrent with said certification of receipt, the Commissioner of DCAMM shall approve the recordation of the conveyancing document(s). If the Commissioner of DCAMM does not certify receipt, and approve the recordation within said ten-day period, the acquisition shall be deemed approved and the EEA Agency Head may record the conveyancing document(s). The ten-day period shall not begin until the Commissioner of DCAMM has received all the required acquisition documentation. No EEA Agency Head may submit for approval more than five proposed acquisitions in a calendar week nor more than 15 proposed acquisitions in a calendar month, without specific agreement with the Commissioner of DCAMM.

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