Code of Massachusetts Regulations
345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD
Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan
Section 1.89 - Property Value Guarantee

Universal Citation: 345 MA Code of Regs 345.1

Current through Register 1531, September 27, 2024

(1) Any person owning real property, any portion of which is located within the property value protection district identified by the Board, after consultation with the community supervisory committee, shall be entitled to a guarantee of the value of such property in accordance with the provisions of 345 CMR 1.89. Such guarantee shall be effective upon the Board's selection of a Superior Site for a facility pursuant to M.G.L. c. 111H, § 23(g).

(2) A seller seeking compensation for lost value of real property pursuant to 345 CMR 1.89 shall submit a request for compensation to the Board, together with:

(a) a copy of a purchase and sale agreement for such property executed after the date of the Board's adoption of a Candidate Sites Identification Report, in which the site is identified as a Candidate Site, and containing a provision making the agreement subject to a right of first refusal satisfying the requirements of 345 CMR 1.89(2)(b), if applicable;

(b) in the case of a purchase and sale agreement executed after the selection of a Superior Site pursuant to M.G.L. c. 111H, § 23(g), an agreement, executed by the parties to the agreement granting the Commonwealth a right of first refusal to purchase the property in accordance with the terms and conditions of the agreement;

(c) an appraisal, made by a person qualified to make such an appraisal, of the actual value of the property as of the date of execution of the purchase and sale agreement;

(d) an appraisal, made by a person qualified to make such an appraisal, of the value the property would have, as of the date of execution of the purchase and sale agreement, but for the facility or the possibility of the facility.

(3) The facility operator shall pay to a seller of real property who seeks compensation in accordance with 345 CMR 1.89 an amount equal to the difference in the value such property would have, as of the execution of the purchase and sale agreement submitted to the Board, but for the facility or the possibility of the facility, and any lesser actual value of such property as of the date of execution of the purchase and sale agreement. Such amount shall be determined by the Board, after notice to the facility operator, and an opportunity for the facility operator to review and comment upon the request and accompanying documentation. In making its determination, the Board may consider the actual purchase price paid for the property, and any appraisals it may obtain or be provided in addition to those submitted by the seller.

(4) No payment shall be required pursuant to 345 CMR 1.89:

(a) unless the property is located within the property value protection district for a licensed facility;

(b) prior to facility licensing pursuant to M.G.L. c. 111H, § 39;

(c) until the seller provides the Board with a copy of the deed conveying title to such property to the Commonwealth or in accordance with the purchase and sale agreement, together with evidence that such deed has been recorded at the appropriate Registry of Deeds;

(d) if a facility operator has previously made a payment pursuant to 345 CMR 1.89 with respect to the property; or

(e) unless the property is conveyed no later than five years after facility licensing.

(5) Any person aggrieved by a decision of the Board made pursuant to 345 CMR 1.89 may request an adjudicatory hearing thereon. Such adjudicatory proceeding shall be conducted in accordance with 801 CMR 1.01 (Standard Adjudicatory Rules of Practice and Procedure, Formal Rules).

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