Bill Text: MA H2824 | 2009-2010 | 186th General Court | Introduced


Bill Title: The taxation of public land used for commercial purposes

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-01-20 - Public Hearing date 4/15 at 10:00 AM in Hearing Room B2 [H2824 Detail]

Download: Massachusetts-2009-H2824-Introduced.html

The Commonwealth of Massachusetts

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PRESENTED BY:

Elizabeth A. Malia

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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 the taxation of public land used for commercial purposes on MBTA property.

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PETITION OF:

 

Name:

District/Address:

Thomas M. Menino

 

Elizabeth A. Malia

11th Suffolk

Joyce A. Spiliotis

12th Essex

Angelo M. Scaccia

14th Suffolk

Patricia D. Jehlen

Second Middlesex

Martha M. Walz

8th Suffolk

Denise Provost

27th Middlesex

Michael J. Moran

18th Suffolk

Michael F. Rush

10th Suffolk

Willie Mae Allen

6th Suffolk

Kay Khan

11th Middlesex

Karen E. Spilka

Second Middlesex and Norfolk


 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3015 OF 2007-2008.]

The Commonwealth of Massachusetts

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In the Year Two Thousand and Nine

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An Act relative to the taxation of public land used for commercial purposes on MBTA property.



                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.  Section 24 of chapter 161A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding after the last sentence the following sentences: -

Real property of the Authority shall, if leased, used, or occupied in connection with a business conducted for profit shall, for the privilege of such lease, use or occupancy be valued, classified, assessed and taxed annually as of January first to the lessee, user, or occupant in the same manner and to the same extent as if such lessee, user, or occupant were the owner thereof in full.  No tax assessed under this section shall be a lien upon the real estate with respect to which it is assessed; nor shall any tax be enforced by any sale or taking of such real estate; but the interest of any lessee therein may be sold or taken by the collector of the town in which the real estate lies for the nonpayment of such taxes in the manner provided by law for the sale or taking of real estate for nonpayment of annual taxes.  Notwithstanding the above, such collector shall have for the collections of taxes assessed under this section all other remedies provided by chapter sixty for the collection of annual taxes upon real estate. 

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