Section 20. Except as otherwise provided by law, any sale of real property shall be awarded, after advertisement for bids, to the bidder who is the highest responsible bidder. The department shall have the right to reject all bids and to read-advertise for bids. Before any real property shall be so sold or conveyed, notice that such real property is for sale shall be publicly advertised in 2 daily newspapers of general circulation published in the city of Boston and, if such real property is located in any other city or town, in a newspaper of general circulation published in such other city or town, once a week for 3 successive weeks. Such advertisements shall state the time and place where all pertinent information relative to the real property to be sold or conveyed may be obtained and the time and place of opening the bids in answer to such advertisements and that the department reserves the right to reject any or all such bids. All bids in response to advertisements shall be sealed and shall be publicly opened by the department. The department may require, as evidence of good faith, that a deposit of a reasonable sum, to be fixed by the department, accompany the proposals. This paragraph shall not be applicable to any sale of real property by the department to the commonwealth or any city, town or public instrumentality nor to a sale of real property which is determined by the department to have a fair market value of $50,000 or less; provided, however, that the department shall declare the property available for disposition and shall specify the restrictions, if any, placed on the subsequent use of the property.
The department may sell buildings or other structures upon any lands taken by it or may remove the same and shall sell, if a sale be practicable or, if not, shall lease, if a lease be practicable, any lands or rights or interest in lands or other property taken or purchased for the purposes of this chapter, whenever the same shall, in the opinion of the department, cease to be needed for such purpose.
Notwithstanding this section, section 46 or any other general or special law to the contrary, the department may convey, or lease for a term not to exceed 198 years, air rights within the parcel known as Massachusetts Turnpike Parcel 15 to the designated developer of that parcel or its nominee. The parcel is located in the city of Boston and bounded by Cambria street to the south, St. Cecilia street to the west, Boylston street and private property to the north and Dalton street to the east. The boundaries of the air rights conveyed or leased shall preserve the department's ownership of the turnpike roadway and adjacent rail tracks and air space above the roadway and rail tracks as considered necessary and desirable by the department for its transportation purposes. Any such sale or lease may include air rights above streets owned by the department that adjoin the parcel and the department may grant a developer or its nominee rights and easements to install and maintain foundations, walls and other appurtenances below the air rights so conveyed or leased, all on such terms and conditions as the secretary of transportation or general counsel deems necessary or desirable. Any such sale or lease shall be at the then-fair market value of the air rights as determined using customary appraisal practices in the commonwealth and shall not be subject to the requirements of this section. Any such sale or lease shall be subject to: (i) the department reserving all easements and rights needed for its transportation purposes; (ii) recognition by the developer or its nominee that the department's transportation needs remain paramount; (iii) compliance by the developer or its nominee with the department's requirements for indemnification, covenants not to sue and releases relating to negative impacts from development above the turnpike and rail lines; (iv) the developer fulfilling its commitment to the city of Boston's inclusionary development policy by building off-site units in the Back Bay or Fenway and Kenmore sections of the city of Boston or the South End planning district, with a preference for locations within .5 mile of the project site; and (v) such other terms and conditions as the secretary of transportation or the general counsel determines are necessary or desirable. The developer or its nominee shall be obligated to take such premises ''as is, where is'' with all existing site conditions, including existing environmental conditions. If the department of transportation completes such a sale or extended lease and if the developer's mandatory inclusionary development policy contribution in combination with available commonwealth funding is insufficient to construct 1 or more viable projects totaling a minimum of 51,840 square feet of affordable housing within the geographic area established in clause (iv), the department of transportation shall transfer an amount of up to 20 per cent of the sale or lease proceeds to the Boston Redevelopment Authority as gap financing to be used exclusively for the construction of affordable housing. If the Boston Redevelopment Authority certifies that 1 or more viable projects totaling 51,840 square feet or more within the geographic area has been identified, the department of transportation shall instead transfer an amount equal to 12 per cent of the sale or lease proceeds to increase the number of affordable units in those projects. In neither case shall the department of transportation funds or other commonwealth funds be used to subsidize or offset a developers' inclusionary development policy commitment.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 6c - Massachusetts Department of Transportation
Section 2 - Creation; Board of Directors; Officers and Employees
Section 4 - Massachusetts Transportation Trust Fund
Section 6 - Office of Performance Management and Innovation; Duties
Section 6a - Office of Performance Management and Innovation; Goals
Section 7 - Employee Performance Evaluation Program
Section 8 - Money Received to Be Held as Trust Funds
Section 9 - Internal Special Audit Unit
Section 10 - Office of Transportation Planning
Section 11a - Project Selection Advisory Council
Section 12 - Integrated Asset Management System
Section 12a - Performance and Asset Management Advisory Council
Section 14 - Department as Public Agency for Purposes of State Contracts
Section 15 - Department as Public Agency for Purposes of State Finance Law
Section 16 - Annual Finance Plan
Section 19 - Eminent Domain Powers of Department
Section 20 - Sale of Real Property; Procedure; Sale of Buildings or Other Structures
Section 21 - Abandoned, Mislaid or Lost Property; Sale of Unclaimed Property
Section 22 - Enforcement by Superior Court Department
Section 23 - Termination of Department
Section 25 - Conduct of Secretary, Administrators and Directors
Section 26 - Application of Chapter 12a
Section 27 - Exemption From Taxes or Assessments
Section 28 - Annual Revenue and Expenditure Report
Section 29 - Office of Planning and Programming; Secretary
Section 31 - Administrative Units Within the Office of Planning and Programming
Section 32 - Federal Gifts, Loans or Grants-in-Aid for Improved Transportation Management Systems
Section 33 - Healthy Transportation Compact
Section 35 - Annual Report of Department's Activities
Section 36 - Definitions Applicable to Secs. 41 to 56
Section 37 - Division of Highways; Administrator
Section 38 - Duties of the Division of Highways
Section 40 - Procedure for Recommending Approval or Disapproval of Contracts
Section 41 - Engineering Internship Program
Section 42 - Co-Operative Engineer Program
Section 43 - Real Estate Appraisal Review Board
Section 50 - Regional Mobility Assistance Program
Section 51 - Definitions Applicable to Secs. 52 to 54
Section 52 - Mass Transit Division; Administrator
Section 53 - Duties of the Mass Transit Division
Section 54 - Administrative Units Within the Mass Transit Division; Statement of Organization
Section 55 - Definitions Applicable to Secs. 56 to 57
Section 56 - Registry of Motor Vehicles; Administrator
Section 57 - Administrative Units Within the Registry of Motor Vehicles; Statement of Organization
Section 57a - Motor Vehicle Insurance Merit Rating Board
Section 58 - Definitions Applicable to Secs. 59 to 61
Section 59 - Aeronautics Division; Administrator
Section 60 - Duties of the Aeronautics Division
Section 61 - Administrative Units Within the Aeronautics Division; Statement of Organization
Section 62 - Definitions Applicable to Secs. 62 to 73
Section 64 - Request for Proposals; Content of Public–private Agreement
Section 65 - End of Term or Termination of Public–private Agreement
Section 66 - Rights of Department Upon Material Default by an Operator
Section 67 - Issue and Sale of Bonds or Notes of the Department
Section 68 - Acceptance of Funds From the United States and Other Sources
Section 69 - Application of Sec. 26
Section 70 - Exercise of Power of Eminent Domain
Section 71 - Powers and Jurisdiction of Law Enforcement Officers
Section 72 - Waiver of Sovereign Immunity Not Limited
Section 73 - Public-Private Partnership Infrastructure Oversight Commission
Section 75 - Contracts With Fuel Providers to Provide for the Consumption of Alternative Fuel
Section 76 - Removal and Storage of Vehicle Left Unattended at State-Owned Park and Ride Facility