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HOUSE DOCKET, NO. 2172         FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2190


The Commonwealth of Massachusetts



Bradley H. Jones, Jr.


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.






Bradley H. Jones, Jr.

20th Middlesex

Donald F. Humason, Jr.

4th Hampden

Sheila C. Harrington

1st Middlesex

Angelo L. D'Emilia

8th Plymouth

Geoff Diehl

7th Plymouth

F. Jay Barrows

1st Bristol

Shaunna O'Connell

3rd Bristol

Susan Williams Gifford

2nd Plymouth

Donald H. Wong

9th Essex

Todd M. Smola

1st Hampden

Matthew A. Beaton

11th Worcester

Steven L. Levy

4th Middlesex

Paul K. Frost

7th Worcester

George N. Peterson, Jr.

9th Worcester

Elizabeth A. Poirier

14th Bristol

Viriato Manuel deMacedo

1st Plymouth

HOUSE DOCKET, NO. 2172        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2190

By Mr. Jones of North Reading, a petition (accompanied by bill, House, No. 2190) of Bradley H. Jones, Jr. and others for legislation to prohibit eminent domain takings for the purpose of economic development.  The Judiciary. 


SEE HOUSE, NO. 1450 OF 2009-2010.]

The Commonwealth of Massachusetts


In the Year Two Thousand Eleven



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 2008 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 five (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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