HOUSE DOCKET, NO. 152        FILED ON: 1/7/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1680

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Martha M. Walz

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to eminent domain takings.

_______________

PETITION OF:

HOUSE DOCKET, NO. 152        FILED ON: 1/7/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1680

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1386 OF 2011-2012.]

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Thirteen

_______________

An Act relative to eminent domain takings.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to amend the taking of real estate property for the possession, occupation and enjoyment of the public, 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:
 

Chapter 79 of the General Laws is hereby amended by inserting after section 1 the following section:-

Section 1A.  The taking of real estate or of any interest therein by right of eminent domain under this chapter or chapter 80A shall be effected only when necessary for the possession, occupation and enjoyment of land by the public at large or by public agencies and shall not be effected for the purpose of commercial enterprise, private economic development or any private use of the property.  Property shall not be taken from one owner and transferred to another on the grounds that the public will benefit from a more profitable use.  Whenever an attempt is made to take property for a use alleged to be public, the question whether the contemplated use is truly public shall be a judicial question and determined as such without regard to any legislative assertion that the use is public.  In the event that property taken pursuant to this chapter or chapter 80A is not used for the purpose for which it was taken within 5 years of the taking, the governmental authority that took the property must offer to sell the property to the owner from whom it was acquired, or the owner’s known or ascertainable heirs or assigns, at the price which was paid for the property or for the fair market value of the property at the time of the sale, whichever is less, and if the offer is not accepted within 180 days from the date it is made, the property may be sold to any other person, but only at public sale after legal notice is given.