301 CMR 51.04 - Preparation for Real Property Acquisition

Due Diligence. The following shall be obtained for each parcel of real property or interest therein to be acquired on behalf of the Commonwealth.

(1) Appraisal. In accordance with policies and specifications established by the Secretary, and except as may otherwise be determined by the Secretary, two appraisals by real estate appraisers certified or licensed pursuant to M.G.L. c. 112, dated no earlier than a year prior to the date of execution of the acquisition agreement or conveyancing documents are required with respect to each acquisition of real property. Appraisals shall not be required for gifts or devises of real property.

(2) Title. A title report, including an attorney's certification of title on a form prescribed by the Secretary after consultation with the Commissioner of DCAMM, performed in accordance with policies and specifications established by the Secretary, is required with respect to each acquisition of real property. The title certification shall have attached to it true copies of all documents relative to and evidencing the encumbrances and defects to title, if any, listed by the certifying attorney.

(3) Environmental Site Assessment. A commercially reasonable environmental site assessment is required when determined by the EEA Agency Head to be appropriate, for the acquisition of a parcel of real property or interest therein. Any such assessment shall be sufficient to permit the EEA Agency Head to determine the environmental condition of the real property in accordance with policies and specifications established by the Secretary.

(4) Survey. At the discretion of the EEA Agency Head and subject to the policies and specifications set by the Secretary a survey of the real property in conformance with 250 CMR 6.00: Land Surveying Procedures and Standards and in a form to be prescribed by the Secretary shall be required, together with a metes and bounds legal description of the real property.

(5) Such other information as the EEA Agency Head shall deem necessary or appropriate.

Notes

301 CMR 51.04

Amended by Mass Register Issue 1325, eff. 11/4/2016.