Who is a member?
Our members are the local governments of Massachusetts and their elected and appointed leadership.
The Honorable Natalie M. Blais, House Chair
The Honorable Dylan A. Fernandes, Senate Chair
Joint Committee on Agriculture and Fisheries
State House, Boston
Delivered electronically
Dear Chair Blais, Chair Fernandes, and Distinguished Members of the Committee,
On behalf of cities and towns across the Commonwealth, the MMA wishes to express our appreciation for this opportunity to offer testimony in support of S. 66, An Act relative to a municipality’s right of first refusal of agricultural and recreational land.
S. 66 would amend the timeline surrounding the municipal option to exercise or assign the right of first refusal on agricultural or recreational land that a property owner plans to sell or use for non-assigned purposes. The bill’s passage would provide important flexibility for municipalities that wish to convert unused land into residential stock by allowing local officials more time to handle necessary due diligence before this right expires. The proposed new timeframe would expand the current 120 days limit up to 180, which would more appropriately allow for necessary review prior to a vote by the city/town council or select board. This change is both reasonable and needed due to time required for initial assessment as well as a public hearing process.
Additionally, the bill would extend, from 90 to 120 days, the time period for municipalities to close on purchase and sale contracts. This extended timeframe would better enable cities and towns to complete the bond process to finance a land purchase, or to identify and secure other funding sources.
Finally, this bill would establish a 30-day timeline for a property seller to accept and execute a purchase and sale agreement. Under current law, there is no timeline placed on the seller for acceptance. The lack of a deadline can create unnecessary financial and legal uncertainty for municipalities.
As cities and towns consider options to promote housing and development goals, S. 66 would provide an updated and realistic process for converting unused land into housing, or to acquire land to address other vital community priorities. Under current law, many cities and towns struggle to access the financial tools and build the public support needed to make land use conversions happen, due to the unreasonably short time limits that are in place.
We respectfully urge you to support this legislation to update the right-of-first-refusal process for cities and towns, and ask the Committee to issue a favorable report on S. 66. If you have any questions, please do not hesitate to have your office contact me or MMA Legislative and Policy Counsel Ali DiMatteo at [email protected] at any time.
Thank you very much for your consideration and support of local government.
Sincerely,
Adam Chapdelaine
MMA Executive Director and CEO