MassachusettsH 5440194th General Court (2025-2026)House

An Act authorizing the Division of Capital Asset Management and Maintenance to convey certain parcels of land to the town of Bolton, the town of Lancaster or a municipal utility serving the town of Bolton or the town of Lancaster

Sponsored By: House Committee on Ways and Means

Signed by Governor

House Ways and MeansSenate Ways and Means

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 1 costs, 2 mixed.

Local towns can acquire well-protection land

Lancaster, Bolton, or a municipal utility serving either town can receive former Lancaster Industrial School for Girls land. The land transfer must serve well or wellhead protection. The state capital asset commissioner sets the terms. The commissioner can allow a nominal price when the transfer is needed for housing development at the former school. Bolton can own land transferred within Bolton for these protection purposes.

Fallback buyers bear costs and property risks

Buyers and lessees in fallback transfers must pay all transaction costs, including surveys, deed preparation, and recording. The state capital asset commissioner determines those costs. Transfer documents must state that the state has no liability to buyers, lessees, other recipients, or their successors. This protection covers claims tied to known or unknown land conditions, or otherwise connected with the transfer.

Bolton can acquire land with use limits

Bolton's select board can arrange to buy, lease, or acquire rights to two state parcels for general municipal purposes. They are the former school's northeast corner at 220 Old Common Road and the Bolton dam near Lancaster. The state capital asset commissioner sets exact boundaries after a survey. Bolton must pay fair market value based on an independent appraisal that accounts for the municipal-use restriction. The deed must require municipal use and allow the state to reclaim title if that use ends. Bolton must receive reasonable notice and time to fix any alleged misuse before the state reclaims the land. The Inspector General must review and approve the appraisal method and file a report with the commissioner. The commissioner must send that report to the House and Senate Ways and Means Committees and the joint state-administration oversight committee at least 15 days before signing transfer documents.

Bolton purchase deadline allows fallback transfers

If Bolton does not finish buying within 180 days after the law takes effect, the state can pursue another transfer. Bolton and the commissioner can agree to a later deadline. The commissioner sets terms for selling, leasing, or otherwise transferring all or part of the parcels; leases cannot exceed 99 years, including renewals and extensions. Deeds for Bolton or fallback transfers can retain or grant access, utility, or drainage rights; the state can accept these rights from buyers when the commissioner finds them necessary and appropriate. Cash proceeds from Bolton or fallback sales must go into the Massachusetts General Fund.

Sponsors & Cosponsors

Sponsor

House Committee on Ways and Means
Affiliation unavailable

Cosponsors

Kate Hogan
Democratic • House
Robyn K. Kennedy
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 18 • No: 0

committee vote • 8/10/2026

Committee Favorable: Ought to pass