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10/3/1980 BOARD OF SELECTMEN Minutes
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10/3/1980 BOARD OF SELECTMEN Minutes
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Mashpee_Meeting Documents
Board
BOARD OF SELECTMEN
Meeting Document Type
Minutes
Meeting Date
10/03/1980
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hanging in limbo which is our right to consent to <br /> } the State to take land by eminent domain. <br /> 4 It is any fear, I have discussed it with Town Counsel, <br /> I. have discussed it with other attorneys who are <br /> very familiar with state regulations and procedures . <br /> My fear is that if the present Agreement as we know <br /> it - is found to be null and void or in error and we <br /> have the right to consent to give eminent domain n to <br /> the State by the vote of this Board, they can by <br /> legal -inter utation acquire that right of eminent <br /> domain with the two acts that are currently on the <br /> books, and I tell you that' s not what you want and <br /> it' s not what. I- want. Now to answer your question <br /> specifically, if there are no changes in that <br /> document, if the document is still free and clear <br /> of any error, I will sign it. <br /> SELECTMAN THOMAS : I would also like to say that I have talked to <br /> Commissioner Kendall about - the two pieces of <br /> legislations that Mr. Garland is referring to, <br /> and they are being,amend6dbecause the priorities <br /> have chanced now. The most important thing 's to <br /> get the money for the acquisition, therefore, they <br /> are in the process of being amended right now. <br /> CHAIRMAN: They are being amended but the Legislature is not <br /> in session and that has to happen after they go <br /> back into session. It' s a legislative process <br /> that is required. It' s -what we want, it' s what <br /> Dick Kendall wants but it"s up to the Legislature . <br /> TEF : if there are minor changes, would you go by the <br /> , advice of the Advisory onanittee <br /> CHAIRMAN:' I certainly rant to go by the advice' of Counsel <br /> -- which also includes the -advice of the Advisory <br /> committee. If Lt.---were a major charge, the Board <br /> might even consider, and I ' ll underline the word <br /> consider, going back to Town Meeting, If the <br /> Attorney General was to say that we have problems <br /> with this , then we have a different ball -game, I <br /> don t� know where we would go - back to the Advisory <br /> omi itee, Dick Kendall and to Counsel to hammer out <br /> something that was acceptable and being the importance <br /> that it has , it would probably go hack -to another <br /> Town Meeting. who knows . I think everybody here <br /> is making a mountain out of a mole hill to be. <br /> perfectly frank with you. We have a hammered out <br /> Agreement. It has received the endorsement of <br /> Dick Kendall and DENT. It' s received the endorsement <br /> of its Counsel . It' s received the endorsement of <br /> our Counsel. It was run preliminarily through the <br /> Attorney General.' s office, but he wouldn' t take <br /> official action on it because it had to have action <br /> of Town 'Meeting first. That happened but the wheels <br /> up there i the Attorney General' s office don't move <br /> y <br /> b the speed of light. what you are experiencing now, <br />
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