Section 85. The department, with the concurrence of the park commissioners, if any, in the town within the urban parks district where the property is situated, may sell at public or private sale any portion of the lands or rights in land the title to which has been taken or received or acquired and paid for by it for the purposes set forth in sections thirty-three and thirty-five, and may, with the concurrence of such park commissioners, execute a deed thereof, with or without covenants of title and warranty, all in the name and behalf of the commonwealth, to the purchaser, his heirs and assigns, and deposit said deed with the state treasurer, together with a certificate of the terms of sale and price paid or agreed to be paid at said sale, and, upon receipt of said price and upon the terms agreed in said deed, he shall deliver the deed to said purchaser. The state treasurer may, by the attorney general, sue for and collect the price and enforce the terms of any such sale.

If the department decides, under this or the preceding section, to abandon or sell any portion of the lands or rights in land so taken or acquired by it, and the park commissioners in any town where said property or right in property is situated refuse or fail to concur with the commission within fourteen days from the giving of written notice of such decision to said park commissioners, the department, upon written notice of not less than seven days to said park commissioners, may appear before the governor and council and ask their concurrence in such sale or abandonment; and if the governor and council, after hearing, concur in such sale or abandonment, it shall have full force and effect.