Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately establish a uniform post judgment procedure in eminent domain cases, 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. Section 22 of chapter 79 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Judgment shall be entered and execution issued as in other civil actions, except that if final judgment is entered in favor of the plaintiff against the commonwealth for damages, the clerk of the superior court for the county where such judgment is entered shall, within seven days after the final disposition of the case and the expiration of all rights to appeal therefrom, transmit a certified copy of the docket entries and a certificate of such judgment showing the amount due from the commonwealth, to the comptroller who shall notify the governor. The governor shall draw his warrant for such amount on the state treasurer, who shall pay the same, with such interest as is authorized by section thirty-seven.

SECTION 2. This act shall apply to all judgments entered after April fifteenth, nineteen hundred and ninety-two.

SECTION 3. All executions issued against the commonwealth but unsatisfied as of April fifteenth, nineteen hundred and ninety-two shall be returned to the clerk of the superior court which issued the same and the clerk shall forthwith issue certificates of judgment in their stead in conformity with the procedures contained in section one and as to such certificates the provisions of said section one shall apply.