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Special Town Meeting (Art. 12 contioned ) February 9, 1977 3 8 1 Section 4. The Board may, at any time after the Time of Resordation 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 best interests of the Commonwealth. Any such settlement shall be subject to section of this act unless the Board otherwise specifies. Section 5. Neither the Town of Mashpee nor the Mashpee Tribe of the Wampanoag Indians nor any member of such Tribe shall be entitled to make any claim under this act, directly or indirectly, nor shall any claim be made in respect of any interest in real property held on January 1, 1977, directly or indirectly, by such Tribe or by any member of such Tribe. 'Section 6. Any person, partnership, trust, corpmration or 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 sustainment of aboriginal title to such interest in real property, (2) shall be deemed to assign 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." Action:. Article 12 amended to Read: Section 1. In the event that aboriginal title to any interest in real property in thee Town of Mashpee or in the Town of Sandwich is confirmed in Mashpee Tribe v. Town of Mashpee. Et al, Civil Action No. 76-3190-S in the United States Destrict Court for the District of Massachusetts, or in any othe judicial proceeding (together hereinafter called the "Mashpee Litigation"), each person, partnership, trust, corporation or other entity which would have owned such interest had such aboriginal title not been confirmed 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. Section 2. A board of three persons, at least one of which shall be a resident of the Town of Mashpee, (hereinafter called the "Board") shall be appointed by the governor. In the event that aboriginal title to any property is confirmed in the Mashpee Litigation, the Board shall moti£y affected landowners, arrange for assessments= of affected property, make pro tanto awards and make settlements, all as provided in this act and, subject to the provisions of Section 3 of this act, as provided in chapters 79 and 79A of the General Laws. The Board shall also 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 con- cerning methods fore mitigating such impact and implementing such plans. Section 3. All proceedings im 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 General Laws, except in the following particulars: (a) 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 judg- ment or decree in the Mashpee Litigation confirming 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 itme of such recordation of a judgment or decree (hereinafter called the "Time of Recor- dation)." No"order_of taking shall be adopted or filed by the Board. (b) The notice required by section 7C of said chapter 79 may be given at any time within one monthe after the Time of Recordation. (c) Section 12 of said chapter 79 shall not be applicable to claims for relief conferred by this act. Tge neasyre if 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 confirmed, would have had at the Time of Recordation had the Mashpee Litigation not been commenced and had no aboriginal title has been confirmed, would have had at the Time of Recordation had the Mashpee Litigation not been commenced and had no