Bill Text: MA H1778 | 2009-2010 | 186th General Court | Introduced
Bill Title: Eminent domain takings
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-01-20 - Public Hearing date 2/23 at 1:00 PM in Hearing Room B1 [H1778 Detail]
Download: Massachusetts-2009-H1778-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Martha M. Walz
_______________
To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act relative to eminent domain takings.
_______________
PETITION OF:
|
Name: |
District/Address: |
|
Martha M. Walz |
8th Suffolk |
|
Denise Provost |
27th Middlesex |
|
Stephen L. DiNatale |
3rd Worcester |
|
Patricia D. Jehlen |
Second Middlesex |
|
Michael J. Moran |
18th Suffolk |
|
Christine E. Canavan |
10th Plymouth |
|
Bradley H. Jones, Jr. |
20th Middlesex |
|
Michael F. Rush |
10th Suffolk |
|
Richard J. Ross |
9th Norfolk |
|
James B. Eldridge |
Middlesex and Worcester |
|
Robert L. Hedlund |
Plymouth and Norfolk |
[SIMILAR MATTER FILED IN PREVIOUS
SESSION
SEE HOUSE, NO. 1770 OF 2007-2008.]
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act relative to eminent domain takings.
Whereas, The deferred operation for this act would tend to defeat its purpose, which is forthwith to make , therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 79 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after section 1 the following new section:
Section 1A. The taking of real estate or of any interest therein by right of eminent domain under this chapter or Chapter 80A shall be effected only when necessary for the possession, occupation, and enjoyment of land by the public at large or by public agencies and shall not be effected for the purpose of commercial enterprise, private economic development, or any private use of the property. Property shall not be taken from one owner and transferred to another on the grounds that the public will benefit from a more profitable use. Whenever an attempt is made to take property for a use alleged to be public, the question whether the contemplated use is truly public shall be a judicial question and determined as such without regard to any legislative assertion that the use is public. In the event that property taken pursuant to this chapter or Chapter 80A is not used for the purpose for which it was taken within five (5) years of the taking, the governmental authority that took the property must offer to sell the property to the owner from whom it was acquired, or his or her known or ascertainable heirs or assigns, at the price which was paid for the property or for the fair market value of the property at the time of the sale, whichever is less, and if the offer is not accepted within 180 days from the date it is made, the property may be sold to any other person, but only at public sale after legal notice is given.
