1977 TOWN RECORDS - Laserfiche WebLink

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Q�a�l Stecial Toon Meeting (Art. 9 continued) .�ebruary 9, 1977 iz l -jt Dif5tric$ Court fpr tg Di trict o£, Ma achusitta, or n an other C Judicial procee fir l oge her herein?Ter ca 1e the �TMash�ee Litigation "= each person, partnership, trust, corporation or other entity which would G have owned such interest had such aboriginal title not been sustained shall have the same claim for relief as if the interest which it would have owned had been taken by eminent domain on behalf of the United States of America. Section 3. A board -of three persons"(hereinafter called the "Board") shall be appointed by the Commissioner of Indian Affairs. The Board shall study the economic and social -impact .of' -he Flashpee Litigation and shall plan for the ecentuality-that aboriginal title is sustained. The Board shall make prompt recommendations to the Commissioner of Indian Affairs and to Congress concerning methods , for mitigating such impact and implementing such plans. Section4. All proceedings in relation to or growing out of claims for relief conferred by this act shall conform to the provisions of chapters 79 and 79A of the Massachusetts General Laws, except in the following particulars: (a) The United States of America §hall be deemed to be a "body politic" within the meaning of said chapter 79. (b) References in said chapter 79 to the board of officers by whom an order of taking is adopted shall be deemed to refer to the Board. The Board shall record in the Barnstable County Registry of Deeds any judgment or decree in the Mashpee litigation sustaining aboriginal title promptly after no furth right of rehearing or appeal exists from such judgment or decree. All references in said chapter 79 to the time or recordation of an order of taking shall be deemed to the time of such recordation of a judgment or decree (hereinafter called the Time of Recordation). No order of taking shall be adopted or filed by the Board. (c) The notice required by section 7c of said chapter 79 may be given at any time within one month after the Time of Recordation. (d) Section 12 of said chapter 79 shall not be applicable to claims' for relief conferred by this act. The measure of damages applicable to any claim for relief conferred by this act shall be fixed at the fair market value which each parcel, as to any part of which or interest in which aboriginal title has been sustained, would have had at the Time of"Recordation of any part of or interest in such parcel as to which aboriginal title is not sustained. In addition to the damages set forth in the preceding sentence, the owner of a business conducted on a parcel on August 26, 1976 or at the Time of Recordation, as to any part of which or interest in which aboriginal title has been sustained, shall be compensated for loss of goodwill if any only if the owner proves that the loss (1) is caused by the Mashpee Litigation or by the sustainment of aboriginal title, (2) cannot reasonably be prevented by a relocation of the business or by taking steps 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 the preceding sentence. Within the meaning of this section, "goodwill" consists of the benefits 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. (e) Any legal action brought under Section 14 of said chapter 79 with respect to any claim for relief conferred by this act shall proceed in the United States District Court for the District of Massachusetts. All references in said chapter 79 to a petition ' shall be deemed to refer to a complaint filed in such an action. The Federal Rules of Civil Procedure shall apply to any such action, except that Rule 71A of the Federal Rules of Civil Procedure Shall not apply to any such action. (f) Section 22 of said chapter 79 shall apply as it read before the amendment made by section 1 of chapter 983 of the Massachusetts Acts and Resolves for 1973. 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 sustained, make such settlement of the claim conferred by this act with respect to such interest as it may deem for the vest interests of the United States of America.