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p49 382 Special Town Meeting (Art. 12 continued) February 9, 1977 aboriginal title been confirmed, less the fair market value at the Time of Recordation of any part of or interest in such parcel as to which aboriginal title is not confirmed. In addition to the damages set forthe.in the preceding sentence, the owner of a business conducted on August 26, 1976 or at the Time of Recordation on a parcel as to any part of which or interest in which aboriginal title had been sustained, shall be conpensated for loss of goodwill if and only if the owner proves that the loss (1) is caused by the Mashpee Litigation or by the confirmation of aboriginal title, (2) cannot reasonably be prevented by a relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill; (3) will not be included in relocation payments under said chapter 79A, ' and (4) will not be duplicated in the compensation awarded to the owner under theopreceding sentence. Within the meaning of this section, "goodwill" consists of the venefits that accrue to a business as a result of its location, reputation for dependability, skill, or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage. Section 4. The claim for relief conferred by this act on any person, partnership, trust, corporation or other entity with respect to any interest in real property as to which aboriginal title is confirmed in the Mashpee Litigation shall be reduced by all amounts paid, and by the fair market value of all interests in property transferred or confirmed, directly or indirectly to it or to any predecessor in title since January 1, 1977 (a) by the United States of America, or any agency or instrumentality thereof, with respect to the confirmation of aboriginal title to such interest in real property, or (b) by virtue of the confirmation of aboriginal title to any interests in real property in the Mashpee Litigation. Section 5. The Board may, at any time after the Time of Recordation with respect to any interest in real property as to which aboriginal title is confirmed, make such settlement of the claim conferred by this act with respect to such interest as it may deem for the best interests of the Commonwealth. Any such settlement shall be subject to Section 6 of this act unless the Board otherwise specifies. Section 6. Any person, partnership, trust, corporation of other entity which recovers upon a claim for relief conferred by this act with respect to any interest in real property shall (1) be deemed to warrant to the Commonwealth that it is the owner of all claims for relief which it or any predecessor in interest has ever had with respect to the confirmation of aboriginal title to such interest in real property, (2) shall be deemed to asign to the Commonwealth all such claims for relief, and (3) shall execute such instrument to evidence the warranty and assignment provided for in this Section 6 as the Board may reasonably require. Section 3. Any claim for relief provided for in this act shall, upon the enactment hereof, be a property right which shall not hereafter be altered without just compensation. Section 8. If any Section or Subsection of this act or application thereof to any person, partnership, trust, corporation or other entity or to any circumstances is held invalid, such invalidity shall not affect other Sections, Subsections or applications of this act which can be given effect without the invalid Section, Subsection or application, and to this end the Sections and Subsections of this act,fare declared to be severable. A motion was made and seconded to accept Article 12 as amended. The vote carries. It is a VOTE. ARTICLE 13. To see if the flown will vote to transfer from the Revenue Sharing Account the sum of $8,198.00 for the purchase of two (2) mounted sanders ($4,099.00 each) or take any other action theron. SUBMITTED BY THE HIGHWAY DEPARTMENT RECOMMENDED BY THE FINANCE COMMITTEE Astion. Moved and seconded that Article 13 be accepted as read. Article 13 is earried. ARTICLE 14 . To see if the Town will vote to transfer from the Revenue Sharing Account to the Legal and Engineering Account the sum of $1,200.00 L