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Session Law

2004

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Chapter 473 AN ACT RELATIVE TO THE CHARTER OF THE CITY OF PEABODY.

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. The charter of the city of Peabody, which is on file in the office of the archivist of the commonwealth as provided in section 12 of chapter 43B of the General Laws, is hereby amended by striking out section 35 and inserting in place thereof the following section:-

Section 35. Condemnation of Land for Municipal Purposes.

At the request of any department, and with the approval of the mayor and the city council, the city council may take in fee, in the name of the city, for any municipal purpose any land within the limits of the city not already appropriated to public use. Land taken as such by right of eminent domain shall be paid for in the manner provided for the taking of, and the payment of damages for, land taken for highways. No land shall be taken until an appropriation by loan or otherwise for the general purpose for which the land is needed shall have been made by the mayor and city council, by a 2/3 vote of all its members; nor shall a price be paid in excess of the appropriation, unless a larger sum is awarded by a court of competent jurisdiction. All proceedings in the taking of land shall be under the advice of the law department, which shall keep a record thereof.

Approved January 5, 2005.

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