301 CMR, § 51.02
301 CMR 51.00 shall apply to all acquisitions of real property for Article 97 purposes by any EEA Agency. 301 CMR 51.00 shall not apply to any acquisition of a capital facility, as defined in M.G.L. c. 7C, § 1, whether or not by an EEA Agency. Whether an acquisition of real property which includes an existing or subsequent structure is for Article 97 purposes or constitutes a capital facility shall be the sole determination of the EEA Agency Head. Any deed or other instrument of conveyance stating that real property is being acquired for Article 97 purposes shall create a conclusive presumption that the acquisition is for Article 97 purposes and does not constitute the acquisition of a capital facility.
Any EEA Agency may acquire real property for the Commonwealth for Article 97 purposes if and to the extent authorized by statute to do so. Only an authorized EEA Agency shall determine what real property to acquire for Article 97 purposes.
301 CMR, § 51.02