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General Laws

Section 5B. No property used for agriculture or farming as defined in section one A of chapter one hundred and twenty-eight shall be taken without the consent of the owner thereof, nor shall an easement be taken on such property without such consent, except after a hearing by the board at which such owner shall be entitled to be heard and allowed to introduce evidence that other land not used for agriculture or farming, as so defined, and without occupied buildings situated thereon is available for the public use for which it is intended to take his property. If such evidence is introduced and accepted by the board as valid, the board shall exempt said property from the taking. The provisions of this section shall not apply to takings in behalf of the commonwealth, takings for highway purposes, nor to takings authorized by the department of telecommunications and energy, except that in such takings notices of hearings required by section seventy-two of chapter one hundred and sixty-four shall be sent to all interested parties.

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