In current Massachusetts law, cities and towns are allowed to exercise their right of first refusal of agricultural and recreational land when a property owner seeks to sell or use land for non-agricultural or recreational purposes. Existing timelines, however, are short and make it difficult for a municipality to effectively conduct the required due diligence of a potential land acquisition — particularly in communities that have a town meeting form of government.

This legislation would extend the existing time period a municipality may exercise its right of first refusal and fulfill a purchase and sale contract, if they choose to do so. The bill also establishes a 30-day timeline in which the seller may accept the purchase and sale agreement.

The bill also seeks to clarify the existing law by ensuring that communities are not required to purchase land that is not classified under Chapter 61A or Chapter 61B, even if the non-61A or non-61B property is included within the same purchase and sale agreement provided to the municipality by the landowner.