Except as otherwise provided by law, any sale of real property shall be awarded, after advertisement for bids, to the bidder who is the highest responsible bidder. The department shall have the right to reject all bids and to read-advertise for bids. Before any real property shall be so sold or conveyed, notice that such real property is for sale shall be publicly advertised in 2 daily newspapers of general circulation published in the city of Boston and, if such real property is located in any other city or town, in a newspaper of general circulation published in such other city or town, once a week for 3 successive weeks. Such advertisements shall state the time and place where all pertinent information relative to the real property to be sold or conveyed may be obtained and the time and place of opening the bids in answer to such advertisements and that the department reserves the right to reject any or all such bids. All bids in response to advertisements shall be sealed and shall be publicly opened by the department. The department may require, as evidence of good faith, that a deposit of a reasonable sum, to be fixed by the department, accompany the proposals. This paragraph shall not be applicable to any sale of real property by the department to the commonwealth or any city, town or public instrumentality nor to a sale of real property which is determined by the department to have a fair market value of $50,000 or less; provided, however, that the department shall declare the property available for disposition and shall specify the restrictions, if any, placed on the subsequent use of the property.
The department may sell buildings or other structures upon any lands taken by it or may remove the same and shall sell, if a sale be practicable or, if not, shall lease, if a lease be practicable, any lands or rights or interest in lands or other property taken or purchased for the purposes of this chapter, whenever the same shall, in the opinion of the department, cease to be needed for such purpose.
Notwithstanding this section, section 46 or any other general or special law to the contrary, the department may convey, or lease for a term not to exceed 198 years, air rights within the parcel known as Massachusetts Turnpike Parcel 15 to the designated developer of that parcel or its nominee. The parcel is located in the city of Boston and bounded by Cambria street to the south, St. Cecilia street to the west, Boylston street and private property to the north and Dalton street to the east. The boundaries of the air rights conveyed or leased shall preserve the department's ownership of the turnpike roadway and adjacent rail tracks and air space above the roadway and rail tracks as considered necessary and desirable by the department for its transportation purposes. Any such sale or lease may include air rights above streets owned by the department that adjoin the parcel and the department may grant a developer or its nominee rights and easements to install and maintain foundations, walls and other appurtenances below the air rights so conveyed or leased, all on such terms and conditions as the secretary of transportation or general counsel deems necessary or desirable. Any such sale or lease shall be at the then-fair market value of the air rights as determined using customary appraisal practices in the commonwealth and shall not be subject to the requirements of this section. Any such sale or lease shall be subject to:
Mass. Gen. Laws ch. 6C, § 20