General Laws of Massachusetts - Chapter 79 Eminent Domain
- Massachusetts General Laws - Order of taking; contents - Chapter 79, Section 1
The taking of real estate or of any interest therein by right of eminent domain may be effected in the following manner. A board of...
- Massachusetts General Laws - Officials authorized to exercise eminent domain - Chapter 79, Section 2
Where no other provision is made by law, a taking of land by eminent domain by or on behalf of the commonwealth shall be made...
- Massachusetts General Laws - Recordation of taking order; procedure to acquire possession - Chapter 79, Section 3
The board of officers by whom an order of taking has been adopted under section one shall within thirty days thereafter cause a copy thereof,...
- Massachusetts General Laws - Taking registered land - Chapter 79, Section 4
If land of a registered owner, or any right or interest therein, is taken by eminent domain, the board of officers by whom the taking...
- Massachusetts General Laws - Taking of land already in public use - Chapter 79, Section 5
No portion of a state institution shall be taken for a public way, canal, railroad or railway without leave of the general court specially obtained....
- Massachusetts General Laws - Historical or archeological landmarks; ancient landmarks; taking - Chapter 79, Section 5A
No historical or archeological landmark certified under the provisions of section twenty-seven of chapter nine and no property owned, preserved and maintained by any historical...
- Massachusetts General Laws - Agricultural land - Chapter 79, Section 5B
No property used for agriculture or farming as defined in section one A of chapter one hundred and twenty-eight shall be taken without the consent...
- Massachusetts General Laws - Notice of intent prior to taking; exceptions - Chapter 79, Section 5C
No property shall be taken without the consent of the owner thereof, nor shall an easement be taken on such property without such consent, unless...
- Massachusetts General Laws - Taking by public; award of damages; amendment of award; payment - Chapter 79, Section 6
When a taking is made on behalf of a body politic or corporate other than a corporation described in section seven, the board of officers...
- Massachusetts General Laws - Moving expenses; exemption from attachment or execution - Chapter 79, Section 6A
Any person lawfully occupying real property who is displaced therefrom and caused to move as a result of a taking of such property by eminent...
- Massachusetts General Laws - Taking by private corporations; award of damages; time of payment - Chapter 79, Section 7
When a taking is made on behalf of a railroad corporation, the damages shall be awarded by the county commissioners of the county in which...
- Massachusetts General Laws - Appraisal as pre-requisite to payment of damages - Chapter 79, Section 7A
An award of damages made pursuant to section six or section seven shall not be made until at least one appraisal has been made in...
- Massachusetts General Laws - Payment of damages; execution of necessary documents; time of issuance of checks - Chapter 79, Section 7B
Immediately after the right to damages becomes vested, the board of officers who have made a taking under this chapter shall do all things and...
- Massachusetts General Laws - Notice of taking and amount of damages; contents; service - Chapter 79, Section 7C
Immediately after the right to damages becomes vested, the board of officers who have made a taking under this chapter shall give notice thereof to...
- Massachusetts General Laws - Unknown persons or persons under legal disability; manner of payment of damages; apportionment of damages; deposits - Chapter 79, Section 7D
If the board of officers by whom a taking has been made is unable, upon reasonable investigation, to determine the name of any person entitled...
- Massachusetts General Laws - Unclaimed checks - Chapter 79, Section 7E
If any check issued in accordance with section seven B remains unclaimed by any person entitled thereto for a period of sixty days after notice...
- Massachusetts General Laws - Copies of notice or notice of deposit; sending to tax collectors - Chapter 79, Section 7F
The board of officers shall, immediately upon giving notice in accordance with section seven C or upon depositing a check in accordance with sections seven...
- Massachusetts General Laws - Receipt of payment or deposit; effect; recovery of interest; refund of overpayment; recovery of payment made to person not entitled thereto - Chapter 79, Section 7G
A person who receives a payment in accordance with section seven B, or who withdraws an amount deposited in accordance with section seven D, may...
- Massachusetts General Laws - Payment of damages of less than $2000 to prevent hardship notwithstanding title deficiencies - Chapter 79, Section 7H
If the board of officers who have made a taking under this chapter are unable to make or approve prompt payment of all damages awarded...
- Massachusetts General Laws - Repealed, 1964, 579, Sec. 4 - Chapter 79, Section 8
Repealed, 1964, 579, Sec.
- Massachusetts General Laws - Offer of settlement; payment pro tanto; refund of excess - Chapter 79, Section 8A
The board of officers who have made a taking under this chapter shall, prior to the expiration of sixty days subsequent to the recording of...
- Massachusetts General Laws - Time for vacation of dwellings - Chapter 79, Section 8B
No person in possession of property which has been taken under the provisions of this chapter shall be required to vacate any portion of such...
- Massachusetts General Laws - Injuries to realty caused by improvements not constituting a taking - Chapter 79, Section 9
When injury has been caused to the real estate of any person by the establishment, construction, maintenance, operation, alteration, repair or discontinuance of a public...
- Massachusetts General Laws - Damages for injuries to property caused by acts in pais - Chapter 79, Section 10
When the real estate of any person has been taken for the public use or has been damaged by the construction, maintenance, operation, alteration, repair...
- Massachusetts General Laws - Payment of damages; enforcement of provisions of certain sections; petition for writ of mandamus - Chapter 79, Section 10A
Compliance with the provisions of sections six, seven, seven A, seven B, seven C, seven D, eight A, nine, ten and thirty-six A may be...
- Massachusetts General Laws - Land lying in more than one governmental unit; petition for award of damages - Chapter 79, Section 11
If a single parcel of land taken or injured by a private corporation lies in more than one county or in more than one town,...
- Massachusetts General Laws - Measure of damages; federal reimbursement - Chapter 79, Section 12
The damages for property taken under this chapter shall be fixed at the value thereof before the recording of the order of taking, and in...
- Massachusetts General Laws - Property taken diminished in value by disaster; full compensation; determination of fair market value; time limit - Chapter 79, Section 12A
Notwithstanding any special or general law to the contrary, if property which is known to be subject to an imminent taking under this chapter is...
- Massachusetts General Laws - Buildings and trees on land taken - Chapter 79, Section 13
If there are trees upon or structures affixed to the land taken which are not included in the taking, the owner may remove the same,...
- Massachusetts General Laws - Petition to superior court - Chapter 79, Section 14
A person entitled to an award of his damages under this chapter or the body politic or corporate bound to pay the same, whether a...
- Massachusetts General Laws - Repealed, 1936, 385, Sec. 1 - Chapter 79, Section 15
Repealed, 1936, 385, Sec.
- Massachusetts General Laws - Time for filing petition - Chapter 79, Section 16
A petition for the assessment of damages under section fourteen may be filed within three years after the right to such damages has vested; but...
- Massachusetts General Laws - Time for filing petition when original proceedings quashed - Chapter 79, Section 17
If a person petitions for an award or assessment of his damages within the time limited by law, or is a party to such petition...
- Massachusetts General Laws - Time for filing petition when validity of taking is contested - Chapter 79, Section 18
If a suit, in which the right of a body politic or corporate to effect a particular public improvement or to make a particular taking...
- Massachusetts General Laws - Time for filing petition if improvement delayed by law - Chapter 79, Section 19
If the time for locating or constructing a public improvement by a private corporation shall be extended by statute, all unsettled claims against the corporation...
- Massachusetts General Laws - Petition by guardian, conservator or trustee - Chapter 79, Section 20
If damages may be recovered under this chapter for the taking of or injury to property of a person under guardianship or conservatorship or property...
- Massachusetts General Laws - Procedure on death of person entitled to damages - Chapter 79, Section 21
If a person who is entitled to petition for an award or assessment of his damages under this chapter dies without filing such petition within...
- Massachusetts General Laws - Pleading and procedure; entry of judgment - Chapter 79, Section 22
A complaint brought under section fourteen shall name all parties adversely interested who are known to the petitioner, and process shall issue and service be...
- Massachusetts General Laws - Petition of persons holding different interests in same property - Chapter 79, Section 23
If joint tenants, or tenants in common, or other persons having joint or several estates or interests in a single piece of property sustain damages...
- Massachusetts General Laws - Damages sustained by tenant for life or years and remaindermen; trust - Chapter 79, Section 24
If a tenant for life or for years and the remainderman or reversioner sustain damages which are recoverable under this chapter, by the taking of...
- Massachusetts General Laws - Amount of damages placed in trust; damages special to separate estate - Chapter 79, Section 25
The amount so to be placed in trust shall include only the damages assessed to the whole property; and any damage special to a separate...
- Massachusetts General Laws - Trustees for persons with legal disability; appointment; bond - Chapter 79, Section 26
If a person having an interest in such property is, by reason of legal disability, incapable of choosing a trustee, or is unascertained or not...
- Massachusetts General Laws - Persons holding unusual interests; right to petition - Chapter 79, Section 27
If there are several parties, who have several estates in the same property at the same time, other than the estates and interests for which...
- Massachusetts General Laws - Notice to other holders of interests - Chapter 79, Section 28
Upon such petition, the court may order the petitioner to give notice thereof to all the other parties interested, by serving each of them with...
- Massachusetts General Laws - Award to persons holding different interests; apportionment - Chapter 79, Section 29
If, on such petition, the court or jury find any of the parties entitled to damages, there shall first be found and set forth the...
- Massachusetts General Laws - Appointment of guardian ad litem or trustee - Chapter 79, Section 30
If it appears in any proceedings under the seven preceding sections that an interest in such property is unrepresented by reason of a contingency or...
- Massachusetts General Laws - Petition by tenant in possession of encumbered property - Chapter 79, Section 31
The tenant in possession of property which is encumbered by a contingent remainder, executory devise or power of appointment may, subject to section sixteen, petition...
- Massachusetts General Laws - Mortgaged land; procedure - Chapter 79, Section 32
If property which is taken in whole or in part by eminent domain or receives injury, for which damages are recoverable under this chapter, is...
- Massachusetts General Laws - Apportionment of damages between mortgagors and mortgagees - Chapter 79, Section 33
If mortgagors or mortgagees begin or become parties to such proceedings, entire damages shall, upon final judgment, be assessed for the property taken, and such...
- Massachusetts General Laws - Request for speedy trial - Chapter 79, Section 34
Upon the filing of a petition under section fourteen by or against the commonwealth or a county, city, town or district or any other legal...
- Massachusetts General Laws - Evidence of assessed or fair market value of property; admissibility - Chapter 79, Section 35
The valuation made by the assessors of a town for the purposes of taxation for the three years next preceding the date of the taking...
- Massachusetts General Laws - Apportionment of taxes - Chapter 79, Section 35A
In case of a trial by jury in a proceeding brought under section fourteen, the amount, if any, to which the petitioner is entitled by...
- Massachusetts General Laws - Discontinuance of petition - Chapter 79, Section 36
No petition brought under section fourteen shall be discontinued except by leave of court or by agreement of all the parties thereto; and any party...
- Massachusetts General Laws - Payment of damages after exhaustion or waiver of right to appeal - Chapter 79, Section 36A
The body politic or corporate against which an award is made under section seven, nine or ten, or against which a judgment is entered under...
- Massachusetts General Laws - Interest on award of damages - Chapter 79, Section 37
Damages under this chapter shall bear interest at the rate calculated pursuant to the provisions of this section from the date on which the right...
- Massachusetts General Laws - Costs - Chapter 79, Section 38
In all proceedings before county commissioners under this chapter, section eighteen of chapter thirty-four shall be applicable. In all proceedings brought under section fourteen, if...
- Massachusetts General Laws - Settlement and tender; interest - Chapter 79, Section 39
Whenever damages may be recovered under this chapter, the body politic or corporate liable for such damages may after the right to such damages has...
- Massachusetts General Laws - Taking by private corporations; security for damages - Chapter 79, Section 40
Before a taking is made or injury inflicted by a private corporation for which damages may be recovered under this chapter, such corporation shall give...
- Massachusetts General Laws - Finality of award; remedy for collection - Chapter 79, Section 41
If no petition under section fourteen is filed within the time limited, the award of damages shall be final and the amount thereof shall be...
- Massachusetts General Laws - Remedies to enforce payment by private corporations - Chapter 79, Section 42
If a private corporation has erected or laid poles, wires, pipes, rails or other structures in a public way, for the construction, operation or maintenance...
- Massachusetts General Laws - Right less than fee; effect of abandonment on award of damages - Chapter 79, Section 43
When any easement or other right less than the fee which has been taken by eminent domain has been abandoned in accordance with law before...
- Massachusetts General Laws - Taking by United States - Chapter 79, Section 44
If the agents of the United States and the persons owning or interested in any property which is required for any purposes for which the...
- Massachusetts General Laws - Tax liens on realty taken - Chapter 79, Section 44A
If real estate taken in whole or in part by eminent domain was at the time of said taking subject to any lien for taxes,...
- Massachusetts General Laws - Applicability of chapter - Chapter 79, Section 45
No real estate shall be taken for public use by the formal vote or order of any board of officers except under this chapter or...
Last modified: September 11, 2015