2001-H 6432
Enacted 6/29/2001

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Introduced By:  Representative Kennedy Date Introduced:   May 17, 2001

It is enacted by the General Assembly as follows:

SECTION 1. Section 6 of Chapter 42 and Chapter 63 of the 2000 Public Laws entitled "An Act Establishing the Hopkinton Land Trust" is hereby amended to read as follows:

SECTION 6. The Trust shall have the power to:

(a) Purchase, receive by gift, or otherwise acquire fee simple or lesser interests in real property, including development rights of any kind or any interest in real property situated in the Town of Hopkinton;

(b) Accept gifts, grants or loans of funds or resources or services from any source, public or private, and comply, subject to the provisions of this act, with any terms and conditions thereof within the limits of its available funds;

(1) Accept donations of real or personal property from donors whose intention, as expressed in the deed of gift, is not to preserve or protect the property donated, but to enable the Trust to sell the same to raise funds to finance the conservation activities of the Trust. The Trust may sell property so donated upon the vote of the trustees in which at least four (4) members vote in favor of the disposition, but without approval of a financial town meeting of the town of Hopkinton.

(c) Accept from state and/or federal agencies, loans or grants or resources for use in carrying out the Trust's purposes and enter into agreements with such agencies respecting any such loans or grants within the limits of its available funds;

(d) Employ counsel, auditors, engineers, appraisers, private consultants, advisors, secretaries or other personnel needed to perform its duties within the limits of its available funds;

(e) Administer and manage land and interests in land held by it in a manner which allows, where possible, public use and enjoyment consistent with the natural and scenic resources thereof, including conveyance of any such land or interests in land to and contracts with, nonprofit organizations, provided such land shall continue to be used in a manner consistent with the purposes of this act and with the terms of any grant or devise by which such land was acquired by the Trust;

(f) Dispose of all or any portion of its real property or interests therein held by it whenever in the opinion of the trustees said lands or properties have become unsuitable or have ceased to be used for the purposes set forth in this act. Such disposition shall be made only by a vote of the trustees in which at least four (4) members vote in favor of such a disposition and further only after having been approved by a two-thirds (2/3) vote of annual or special financial town meeting of the Town of Hopkinton. ; provided, that financial town meeting approval shall not be required for the disposition of property donated to the Trust with the intention of the donor that the Trust would resell the property for fund-raising purposes. Nothing in this subsection shall be construed to authorize the sale, lease or conveyance of lands or improvements held by the Trust as part of a charitable trust or acquired gift or device for the public use, whether or not such gift or devise is subject to a condition subsequent or reverter;

(g) Otherwise do all things necessary for the performance of its duties, the fulfillment of its obligations and the conduct of its business.

SECTION 2. This act shall take effect upon passage.

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