Massachusetts House Bill H3435

Massachusetts 2025-2026 Regular Session

• Introduced: 2/27/25
• Introduced: 7/30/25
• Refer: 2/27/25
• Refer: 7/3/25
• Report Pass: 7/30/25
• Refer: 7/30/25

Caption

Authorizing the commissioner of Capital Asset Management and Maintenance to grant certain easements to the town of Bourne

Impact

If enacted, HB 3435 will enable the town of Bourne to access and utilize specific areas of state land previously designated for armory purposes. This shift underscores a collaborative effort between state and local governments to meet the water service needs of the town. Additionally, the bill requires that the town assume all costs related to engineering, surveys, appraisals, and other necessary expenses associated with this easement agreement, emphasizing a local responsibility for the undertaking.

Summary

House Bill 3435, introduced by Representative David T. Vieira, seeks to authorize the commissioner of Capital Asset Management and Maintenance to grant certain easements to the town of Bourne for subsurface waterline purposes. This legislation is primarily designed to facilitate the installation, maintenance, repair, and replacement of a waterline, which is crucial for the town’s infrastructure. The bill states that these easements may be permanent or temporary, and their exact boundaries will be determined based on a survey conducted by the commissioner.

Contention

The bill does not appear to have significant points of contention within the legislative transcripts. However, it does set forth conditions ensuring that the easements are used solely for the stated purposes. Moreover, it includes provisions for an independent appraisal of the easements' value, requiring that the terms of the easements include a reversionary clause, which could create a mechanism for the return of the property to the state if the conditions of use are violated. Such clauses are often a point of discussion when determining the extent of local control over state properties.