General Laws of Massachusetts - Chapter 80A Eminent Domain Takings and Betterment Assessments by Judicial Proceedings - Section 10 Final adjudication

Section 10. If the verdict of the jury as finally established shall differ from the award of the commissioners with respect to the compensation or damages to which any person is entitled, the report of the commissioners shall be amended accordingly, and, after all applications for redetermination of compensation or damages have been disposed of, the report shall be presented to the court for confirmation. The report of the commissioners as thus amended shall be final and conclusive as to all questions of fact, but the court may hear and determine questions of law arising therefrom and may order the report to be confirmed or to be recommitted to the commissioners to be reconsidered in accordance with law, or may itself make such amendments and alterations as are necessary to render the report consistent with the law. If an appeal to the supreme judicial court or exceptions are taken with respect to the order of the justice of the superior court upon the motion for final confirmation of the commissioners’ report, or if the matter is reported to the supreme judicial court, the same shall be heard and determined without awaiting further proceedings in the superior court. The operation of the order shall be stayed pending the disposition of such appeal, exceptions or report, and the order shall, if necessary, be modified to conform to the decision of the supreme judicial court. After the expiration of thirty days from the final confirmation of the report, or if the same is affirmed by the supreme judicial court, of thirty days from the date of the rescript of said court, if the proceedings have not in the meantime been discontinued, and if it shall be made to appear that all laws requiring appropriations of money, to be raised by loan or otherwise, in cases of taking of property by eminent domain, in so far as applicable, have been complied with, judgment of condemnation shall be entered upon motion of the petitioner which shall be final and conclusive against all the world with respect to the validity and extent of the taking, and the right of the petitioner to assess betterments therefor, and against all parties to the proceedings with respect to the amount of compensation or damages to which any person is entitled and the amount of benefit or advantage which each parcel of land within the designated area will receive from the improvement. If judgment of condemnation is not entered within six months from the confirmation of the commissioners’ report, or from the rescript of the supreme judicial court, the petition shall be dismissed upon motion of any one or more of the parties respondent. The clerk of the court shall forthwith transmit for record to every registry of deeds designated in the petition as provided in section four a certified copy of any judgment of condemnation entered under this section or of any interlocutory judgment of condemnation entered under section eleven.

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Last modified: September 11, 2015