Mass. Gen. Laws ch. 161C, sec. 4 — MA Code / Part I / Title XXII / Chapter 161C / Section 4
Expenditure of funds; application fees and rents
Status: in_force

Section 4. The executive office or the department of highways acting pursuant to paragraph (f) of section six is hereby authorized and directed to expend such funds as may be appropriated or otherwise made available for the acquisition, construction, preservation, rehabilitation, reconstruction, or other improvement, whether directly, jointly or under contract with other public or private parties, of land, and rail rights-of-way and related facilities or equipment, including but not limited to spurs, sidings and bridges, and for such other purposes, including, without limitation, planning, engineering and administrative purposes, as are incidental thereto; provided that any preservation, rehabilitation, reconstruction, or other improvement of land or of a rail right-of-way and related facilities or equipment shall not be authorized prior to the acquisition of said land, right-of-way and related facilities or equipment. Subject to any other applicable provisions of law regarding the disposition and use of state property, the executive office may, in the course of exercising its responsibilities of property management of state-owned railroad rights-of-way pursuant to this chapter: (a) set fees for the processing of applications to lease, license, or otherwise use said property; and (b) charge rent for same. Said fees shall be based on the administrative costs necessary to process said applications. Said rents shall be calculated as required under other applicable requirements of state law. Receipts from said applications and rents shall be paid into the treasury of the commonwealth and may be expended, subject to appropriation, for the purpose of property management and maintenance on railroad properties owned by the executive office on behalf of the commonwealth.

Section 4. The executive office or the department of highways acting pursuant to paragraph (f) of section six is hereby authorized and directed to expend such funds as may be appropriated or otherwise made available for the acquisition, construction, preservation, rehabilitation, reconstruction, or other improvement, whether directly, jointly or under contract with other public or private parties, of land, and rail rights-of-way and related facilities or equipment, including but not limited to spurs, sidings and bridges, and for such other purposes, including, without limitation, planning, engineering and administrative purposes, as are incidental thereto; provided that any preservation, rehabilitation, reconstruction, or other improvement of land or of a rail right-of-way and related facilities or equipment shall not be authorized prior to the acquisition of said land, right-of-way and related facilities or equipment.

Subject to any other applicable provisions of law regarding the disposition and use of state property, the executive office may, in the course of exercising its responsibilities of property management of state-owned railroad rights-of-way pursuant to this chapter: (a) set fees for the processing of applications to lease, license, or otherwise use said property; and (b) charge rent for same. Said fees shall be based on the administrative costs necessary to process said applications. Said rents shall be calculated as required under other applicable requirements of state law. Receipts from said applications and rents shall be paid into the treasury of the commonwealth and may be expended, subject to appropriation, for the purpose of property management and maintenance on railroad properties owned by the executive office on behalf of the commonwealth.