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94 <br />Mashpee Advisory Commission <br />October 22, 1964 <br />Board of Selectmen <br />Mashpee <br />Massachusetts <br />Gentlemen: <br />We have received a letter dated October 10 from your <br />town clerk, setting forth certain records relating to your spe- <br />cial town meeting on October 6, 1964 and we wish to com- <br />ment thereon as follows: <br />Article 1: Because we refused to approve the appropri- <br />ation of $1.00, voted under Article 65 at your annual town <br />meeting in 1963 for this taking, we are of the opinion that <br />you do not have a legal taking and, accordingly, the failure <br />of your town meeting to rescind the previous action leaves <br />a confused situation with respect to the filing of an eminent <br />domain taking by your town counsel of the land which was <br />desired to be taken under said Article 65. <br />Article 2: There is no necessity for the town meeting <br />to vote to deed town -owned land to the trustees of the Mash - <br />pee Public Library, which land would be used for public <br />library purposes, because the library trustees are public of- <br />ficers and title to any land shall be in the town and not in <br />the name of the board of trustees of the library. This is in <br />accordance with the provisions of General Laws, Chapter 40, <br />Section 3, which state in part "A town may hold real estate <br />for the public use of the inhabitants .. ." The action taken <br />by the town meeting makes the land available for library <br />purposes, but there is no requirement for the execution of a <br />deed or of any other transfer of title. <br />Article 5: Will you kindly provide us with a written <br />statement of the reasons why you now believe it is desirable <br />