1977 TOWN RECORDS - Laserfiche WebLink

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37 b Special Town Meeting (Art. 9 Section¢. (d) contioned) � February9, 1977 C" 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 or aboriginal title has been confirmed, would have had at the Time of Recordation had the Mashpee Litigation not been commenced and had no aboriginal title is not confirmed. 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 confirmed, shall be compensated for loss of good will 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 busines� or by taking steps and adopting procedures that a reasonabl$;Fprudent person would take and adopt in preserving the goodwill; (g) will not be included in relocation payments under said chapter79A, and (4) will not be duplicated in the compensation awarded to the woner 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 resultint 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 telief conferred by this act shall proceed in the United States District Court for the District of Mass- achusetts. 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 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 United States of America. Section 6. 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 7. 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 effect otherr 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 are dedlared to be severable. Motion made and seconded to accept Article 9 as amended. The Amendment carries. It is a vote. Article 10. To see if the Town will vote to authorixe the Board of Selectmen to instruct our Federal Legislators to file the following legislation: An ACT TO AUTHORIZE EMERGENCY LOAN GUARANTEES TO THE TOWN OF MASHPEB, MASSACHUSETTS , Be IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONFRESS ASSEMBLED, THAT: Section 1. The Congress makes the following findings and declarations: (a) Litigation has been commenced asserting aboriginal title to substantially all of the real property in the Town of Mashpee, Massachusetts. (b) Said litigation has created an economic emergency in the Town of Mashpee, by reducing tax revenues and by impairing the town's ability to obtain financing through the sale of its bonds and notes. (c) It is necessary to assure that theT m o Ma h ee i11 be able to sell its bonds and dotes, in order ?rat fhe 1o�in oi� Mashpee,