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Massachusetts General Laws - Eminent Domain - Chapter 79

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Massachusetts General Laws - Eminent Domain - Chapter 79, Section 1

Order of taking; contents . Section 1. The taking of real estate or of any interest therein by right of eminent domain may be effected ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 2

Officials authorized to exercise eminent domain . Section 2. Where no other provision is made by law, a taking of land by eminent domain by ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 3

Recordation of taking order; procedure to acquire possession . Section 3. The board of officers by whom an order of taking has been adopted under ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 4

Taking registered land . Section 4. If land of a registered owner, or any right or interest therein, is taken by eminent domain, the board ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 5

Taking of land already in public use . Section 5. No portion of a state institution shall be taken for a public way, canal, railroad ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 5A

Historical or archeological landmarks; ancient landmarks; taking . Section 5A. No historical or archeological landmark certified under the provisions of section twenty-seven of chapter nine ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 5B

Agricultural land . Section 5B. No property used for agriculture or farming as defined in section one A of chapter one hundred and twenty-eight shall ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 5C

Notice of intent prior to taking; exceptions . Section 5C. No property shall be taken without the consent of the owner thereof, nor shall an ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 6

Taking by public; award of damages; amendment of award; payment . Section 6. When a taking is made on behalf of a body politic or ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 6A

Moving expenses; exemption from attachment or execution . Section 6A. Any person lawfully occupying real property who is displaced therefrom and caused to move as ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 7

Taking by private corporations; award of damages; time of payment . Section 7. When a taking is made on behalf of a railroad corporation, the ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 7A

Appraisal as pre-requisite to payment of damages . Section 7A. An award of damages made pursuant to section six or section seven shall not be ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 7B

Payment of damages; execution of necessary documents; time of issuance of checks . Section 7B. Immediately after the right to damages becomes vested, the board ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 7C

Notice of taking and amount of damages; contents; service . Section 7C. Immediately after the right to damages becomes vested, the board of officers who ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 7D

Unknown persons or persons under legal disability; manner of payment of damages; apportionment of damages; deposits . Section 7D. If the board of officers by ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 7E

Unclaimed checks . Section 7E. If any check issued in accordance with section seven B remains unclaimed by any person entitled thereto for a period ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 7F

Copies of notice or notice of deposit; sending to tax collectors . Section 7F. The board of officers shall, immediately upon giving notice in accordance ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 7G

Receipt of payment or deposit; effect; recovery of interest; refund of overpayment; recovery of payment made to person not entitled thereto . Section 7G. A ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 7H

Payment of damages of less than $2000 to prevent hardship notwithstanding title deficiencies . Section 7H. If the board of officers who have made a ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 8

Repealed, 1964, 579, Sec. 4 . ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 8A

Offer of settlement; payment pro tanto; refund of excess . Section 8A. The board of officers who have made a taking under this chapter shall, ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 8B

Time for vacation of dwellings . Section 8B. No person in possession of property which has been taken under the provisions of this chapter shall ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 9

Injuries to realty caused by improvements not constituting a taking . Section 9. When injury has been caused to the real estate of any person ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 10

Damages for injuries to property caused by acts in pais . Section 10. When the real estate of any person has been taken for the ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 10A

Payment of damages; enforcement of provisions of certain sections; petition for writ of mandamus . Section 10A. Compliance with the provisions of sections six, seven, ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 11

Land lying in more than one governmental unit; petition for award of damages . Section 11. If a single parcel of land taken or injured ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 12

Measure of damages; federal reimbursement . Section 12. The damages for property taken under this chapter shall be fixed at the value thereof before the ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 12A

Property taken diminished in value by disaster; full compensation; determination of fair market value; time limit . Section 12A. Notwithstanding any special or general law ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 13

Buildings and trees on land taken . Section 13. If there are trees upon or structures affixed to the land taken which are not included ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 14

Petition to superior court . Section 14. A person entitled to an award of his damages under this chapter or the body politic or corporate ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 15

Repealed, 1936, 385 . ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 16

Time for filing petition . Section 16. A petition for the assessment of damages under section fourteen may be filed within three years after the ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 17

Time for filing petition when original proceedings quashed . Section 17. If a person petitions for an award or assessment of his damages within the ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 18

Time for filing petition when validity of taking is contested . Section 18. If a suit, in which the right of a body politic or ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 19

Time for filing petition if improvement delayed by law . Section 19. If the time for locating or constructing a public improvement by a private ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 20

Petition by guardian, conservator or trustee . Section 20. If damages may be recovered under this chapter for the taking of or injury to property ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 21

Procedure on death of person entitled to damages . Section 21. If a person who is entitled to petition for an award or assessment of ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 22

Pleading and procedure; entry of judgment . Section 22. A complaint brought under section fourteen shall name all parties adversely interested who are known to ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 23

Petition of persons holding different interests in same property . Section 23. If joint tenants, or tenants in common, or other persons having joint or ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 24

Damages sustained by tenant for life or years and remaindermen; trust . Section 24. If a tenant for life or for years and the remainderman ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 25

Amount of damages placed in trust; damages special to separate estate . Section 25. The amount so to be placed in trust shall include only ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 26

Trustees for persons with legal disability; appointment; bond . Section 26. If a person having an interest in such property is, by reason of legal ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 27

Persons holding unusual interests; right to petition . Section 27. If there are several parties, who have several estates in the same property at the ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 28

Notice to other holders of interests . Section 28. Upon such petition, the court may order the petitioner to give notice thereof to all the ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 29

Award to persons holding different interests; apportionment . Section 29. If, on such petition, the court or jury find any of the parties entitled to ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 30

Appointment of guardian ad litem or trustee . Section 30. If it appears in any proceedings under the seven preceding sections that an interest in ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 31

Petition by tenant in possession of encumbered property . Section 31. The tenant in possession of property which is encumbered by a contingent remainder, executory ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 32

Mortgaged land; procedure . Section 32. If property which is taken in whole or in part by eminent domain or receives injury, for which damages ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 33

Apportionment of damages between mortgagors and mortgagees . Section 33. If mortgagors or mortgagees begin or become parties to such proceedings, entire damages shall, upon ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 34

Request for speedy trial . Section 34. Upon the filing of a petition under section fourteen by or against the commonwealth or a county, city, ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 35

Evidence of assessed or fair market value of property; admissibility . Section 35. The valuation made by the assessors of a town for the purposes ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 35A

Apportionment of taxes . Section 35A. In case of a trial by jury in a proceeding brought under section fourteen, the amount, if any, to ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 36

Discontinuance of petition . Section 36. No petition brought under section fourteen shall be discontinued except by leave of court or by agreement of all ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 36A

Payment of damages after exhaustion or waiver of right to appeal . Section 36A. The body politic or corporate against which an award is made ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 37

Interest on award of damages . Section 37. Damages under this chapter shall bear interest at the rate calculated pursuant to the provisions of this ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 38

Costs . Section 38. In all proceedings before county commissioners under this chapter, section eighteen of chapter thirty-four shall be applicable. In all proceedings brought ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 39

Settlement and tender; interest . Section 39. Whenever damages may be recovered under this chapter, the body politic or corporate liable for such damages may ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 40

Taking by private corporations; security for damages . Section 40. Before a taking is made or injury inflicted by a private corporation for which damages ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 41

Finality of award; remedy for collection . Section 41. If no petition under section fourteen is filed within the time limited, the award of damages ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 42

Remedies to enforce payment by private corporations . Section 42. If a private corporation has erected or laid poles, wires, pipes, rails or other structures ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 43

Right less than fee; effect of abandonment on award of damages . Section 43. When any easement or other right less than the fee which ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 44

Taking by United States . Section 44. If the agents of the United States and the persons owning or interested in any property which is ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 44A

Tax liens on realty taken . Section 44A. If real estate taken in whole or in part by eminent domain was at the time of ...

Massachusetts General Laws - Eminent Domain - Chapter 79, Section 45

Applicability of chapter . Section 45. No real estate shall be taken for public use by the formal vote or order of any board of ...

Last modified: March 27, 2006