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380 Special Town Meeting (Att. 11 contioned) February 9, 1977 The full faith and credit of the Commonwealth is hereby pledged to the performance of any.guarantee authorized by this Act. Action: Motion made and seconded to accept Article 11 as amended. The vote carried. It is a vote. Article 12. To see if the Town will vote to authorize the Board of Selectmen to instruct our State Legislators to file the following legislation: "An Act TO INDEMNIFY AGAINST LOSSES RESULTING FROM LITIGATION SUSTAINING ABORIGINAL TITLE IN THE TOWNS OF MASHPEE AND SANDWICH BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES IN GENERAL COURT ASSUMBLED, AND BY THETAUTHORITY OF THE SALE, AS FOLLOWS: Section 1. In the event that aboriginal title to any interest in real property in the Town of Mashpee or in the Town of Sandwich is sustained in Mashpee Tribe v. Town of Mashpee, Et Al. Civil Action No. 76-3190-S in the United States District Court for the District of Massachusetts, or in any other judicial proceeding (together hereinafter called the "Mashpee Litigation"), each person, partnership, trust, corporation or other entity which would have owned such interest had such agoriginal 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 Commonwealth. C C Section 2. A board of three persons (hereinafeter called the "Board") shall be appointed by the Governor ar_l. Council. The Board shall study the economic and social impact of the Mashpee Litigation and shall plan for the eventuality that aboriginal title is upheld. The Board shall make prompt recommendations to the Governor and to the General Court concerning methods for mitigation such expact and implementing such plans. Section 3. for relief chapters 79 All proceedings in relation to or growing out of claims conferred by this act shall conform to the provisions of and 79A of the General Laws, except in the following particulars: (a) The Board shall record in the Barnstable County Registry ' of Deeds and judgment or decree in the Mashpee Litigation sustaining aboriginal title promptly after no further right of rehearing or appeal exists from such judgment or decree. All references in said chapter 79 to the Time of Recordation of an order of taking shall be deemed to refer to the time of -such recordation of a judg- ment or decree (hereinafter called the "Time of Recordation")t No order of taking shall be adopted or filed by the Board. I (b) The notice required by section 7c of said chapter 79 may be at any time within one month after the Time of Recordation. (c) 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 at the Time of Recordation had the Mashpee Litigation not been commenced and had no aborihinal title been sustained, 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 sustained. In addition to the damages set forth in the preceding sentence, the owner of a business conducted on a pa¢cel on August 26, 1976 or at the Time of Recordation, as to any part of which or interest in which aboriginal title has bee sustained, shall be compenated for loss of goodwill if and only if the owner proves that the loss (1) is caused by the Mashpee Litigatio or by the sustainment of aboriginal title, (2) cannot reasonably be prevented by a relocation of the business or by tading steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill; (3) will not by=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 of its location, reputation for dependability, skill, or quality, and any other circumstances resulting in probably retention of old or acquisition of new patronage.