HOUSE DOCKET, NO. 1347        FILED ON: 1/13/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1701

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act Requiring that Eminent Domain be for the Public Use and Defining Public Use..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Notwithstanding any other provision of law, neither this State nor any political subdivision thereof nor any other condemning entity shall use eminent domain unless it is necessary for a public use. Whenever property is condemned and will be used by a private party, the condemner must establish by clear and convincing evidence that the use of eminent domain complies with this section and is reasonably necessary.

Public use: The term “public use” shall only mean (1) the possession, occupation, and enjoyment of the land by the general public, or by public agencies; (2) the use of land for the creation or functioning of public utilities or common carries; or (3) where the use of eminent domain (a)(i) removes a public nuisance; (ii) removes a structure that is beyond repair or unfit for human habitation or use; or (iii) is used to acquire abandoned property in its current condition. The public benefits of economic development, including an increase in tax base, tax revenues, employment, general economic health, shall not constitute a public use.