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HOUSE DOCKET, NO. 2359         FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1397

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Bradley H. Jones, Jr.

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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 the defense of private property rights through the prevention of abusive eminent domain takings in the Commonwealth.

_______________

PETITION OF:

 

Name:

District/Address:

Bradley H. Jones, Jr.

20th Middlesex

George N. Peterson, Jr.

9th Worcester

Bradford Hill

4th Essex

Elizabeth A. Poirier

14th Bristol

Viriato Manuel deMacedo

1st Plymouth

Donald Humason

 

Sheila C. Harrington

1st Middlesex

Paul K. Frost

7th Worcester

Nicholas A. Boldyga

3rd Hampden

Kimberly N. Ferguson

1st Worcester

Daniel B. Winslow

9th Norfolk

Anne M. Gobi

5th Worcester

Keiko M. Orrall

12th Bristol

Todd M. Smola

1st Hampden

Matthew A. Beaton

11th Worcester


HOUSE DOCKET, NO. 2359        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1397

By Mr. Jones of North Reading, a petition (accompanied by bill, House, No. 1397) of Bradley H. Jones, Jr. and others for legislation to prohibit eminent domain takings for the purpose of economic development.  The Judiciary. 

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2190 OF 2011-2012.]


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act relative to the defense of private property rights through the prevention of abusive eminent domain takings in the Commonwealth.
 

              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. Chapter 79 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 1 the following new 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 of 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 his or her 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 make, the property may be sold to any other person, but only at public sale after legal notice is given

              SECTION 2.  This act shall take effect upon its passage.

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