2006 Massachusetts Code - Chapter 7 — Section 40E. Acquisition, control and disposition of real property; delegation to state agencies.

Section 40E. Real property, record title to which is held in the name of a state agency or the board of trustees of a state agency or similar board of a state agency, shall be deemed to be real property of the commonwealth. No deed or other instrument shall be required to effect the transfer to the commonwealth of title to such real property, but the land court department of the trial court shall, upon petition of the division of capital asset management and maintenance, issue in the name of the commonwealth a certificate of title to any real property, title to which is registered under chapter one hundred and eighty-five in the name of a state agency or the board of trustees of a state agency or similar board of a state agency. Notwithstanding any general or special law to the contrary, no person shall acquire any rights by prescription or adverse possession in any lands or rights in lands held in the name of the commonwealth.

The commissioner of capital asset management and maintenance shall exercise the powers stated in this chapter, notwithstanding the delegations which the general court has made pertaining to the acquisition, control, and disposition of real property, including sections twenty-eight of chapter fifteen; section nineteen of chapter sixteen; sections one, fourteen B and twenty-seven of chapter nineteen; section seven of chapter nineteen A; sections fourteen to sixteen, inclusive, of chapter twenty; sections nine A, thirteen, seventeen A, seventeen B, and thirty of chapter twenty-one; sections two and nine of chapter twenty-one A; sections eight and twenty-six of chapter twenty-three A; section seven of chapter twenty-three B; section three of chapter twenty-eight A; section forty-one of chapter twenty-nine; sections four and five of chapter twenty-nine A; sections eleven, twelve, twenty-five, twenty-six, and twenty-seven of chapter seventy-five; sections eight, nine, eighteen, nineteen, and twenty-two of chapter seventy-five A; sections eight, thirteen, and fourteen of chapter seventy-five B; sections seven, seven A, seven C, seven D, seven E, seven G, seven H, seven L, seven M, eleven, thirteen A, and thirteen B of chapter eighty-one; section seven of chapter eighty-two; section four of chapter eighty-three; section thirty-nine B of chapter ninety; sections two, three, five, and six of chapter ninety-one; sections nine A, thirteen, thirty-three, thirty-four, seventy-seven to eighty-five, inclusive, eighty-seven, and eighty-eight of chapter ninety-two; sections sixty-two R, eighty-three, and eighty-six of chapter one hundred and eleven; section five of chapter one hundred and eleven B; section eight of chapter one hundred and fifteen A; sections one and two of chapter one hundred and twenty; section five of chapter one hundred and twenty-two; sections thirty-nine and forty-three of chapter one hundred and twenty-three; section ten of chapter one hundred and twenty-four; section two of chapter one hundred and forty-seven; sections thirty-one and thirty-two of chapter one hundred and eighty-four; provided, however, that the commissioner shall acquire, control and dispose of real property in accordance with the terms and purposes of the aforementioned provisions. The commissioner shall not make any acquisition of real property on behalf of a state agency by eminent domain or make any such delegation of power to acquire real property by eminent domain to any state agency unless such state agency is otherwise authorized by law to exercise the power of eminent domain. The commissioner may delegate to state agencies responsibility for the acquisition, control, and disposition of real property as provided for in this chapter; except that the commissioner may not delegate responsibility for determining that property is surplus to state needs as required in section forty F. When responsibility is delegated to a state agency, the written approval of the commissioner shall be required before the transaction is completed, and a copy of said written approval shall be sent to the joint committee on state administration.

For the purposes of sections forty F through forty L inclusive, the term “emergency” shall mean any situation caused by unforeseen circumstances which render currently used real property unusable or unavailable for the purposes intended and which creates an immediate need for other real property to preserve the health or safety of persons or property.