General Laws of Massachusetts (Last Updated: January 16, 2020) |
PART I ADMINISTRATION OF THE GOVERNMENT |
TITLE XIII. EMINENT DOMAIN AND BETTERMENTS |
CHAPTER 79. EMINENT DOMAIN |
SECTION 1. Order of taking; contents |
SECTION 2. Officials authorized to exercise eminent domain |
SECTION 3. Recordation of taking order; procedure to acquire possession |
SECTION 4. Taking registered land |
SECTION 5. Taking of land already in public use |
SECTION 5A. Historical or archeological landmarks; ancient landmarks; taking |
SECTION 5B. Agricultural land |
SECTION 5C. Notice of intent prior to taking; exceptions |
SECTION 6. Taking by public; award of damages; amendment of award; payment |
SECTION 6A. Moving expenses; exemption from attachment or execution |
SECTION 7. Taking by private corporations; award of damages; time of payment |
SECTION 7A. Appraisal as pre-requisite to payment of damages |
SECTION 7B. Payment of damages; execution of necessary documents; time of issuance of checks |
SECTION 7C. Notice of taking and amount of damages; contents; service |
SECTION 7D. Unknown persons or persons under legal disability; manner of payment of damages; apportionment of damages; deposits |
SECTION 7E. Unclaimed checks |
SECTION 7F. Copies of notice or notice of deposit; sending to tax collectors |
SECTION 7G. Receipt of payment or deposit; effect; recovery of interest; refund of overpayment; recovery of payment made to person not entitled thereto |
SECTION 7H. Payment of damages of less than $2000 to prevent hardship notwithstanding title deficiencies |
SECTION 8. Repealed, 1964, 579, Sec. 4 |
SECTION 8A. Offer of settlement; payment pro tanto; refund of excess |
SECTION 8B. Time for vacation of dwellings |
SECTION 9. Injuries to realty caused by improvements not constituting a taking |
SECTION 10. Damages for injuries to property caused by acts in pais |
SECTION 10A. Payment of damages; enforcement of provisions of certain sections; petition for writ of mandamus |
SECTION 11. Land lying in more than one governmental unit; petition for award of damages |
SECTION 12. Measure of damages; federal reimbursement |
SECTION 12A. Property taken diminished in value by disaster; full compensation; determination of fair market value; time limit |
SECTION 13. Buildings and trees on land taken |
SECTION 14. Petition to superior court |
SECTION 15. Repealed, 1936, 385, Sec. 1 |
SECTION 16. Time for filing petition |
SECTION 17. Time for filing petition when original proceedings quashed |
SECTION 18. Time for filing petition when validity of taking is contested |
SECTION 19. Time for filing petition if improvement delayed by law |
SECTION 20. Petition by guardian, conservator or trustee |
SECTION 21. Procedure on death of person entitled to damages |
SECTION 22. Pleading and procedure; entry of judgment |
SECTION 23. Petition of persons holding different interests in same property |
SECTION 24. Damages sustained by tenant for life or years and remaindermen; trust |
SECTION 25. Amount of damages placed in trust; damages special to separate estate |
SECTION 26. Trustees for persons with legal disability; appointment; bond |
SECTION 27. Persons holding unusual interests; right to petition |
SECTION 28. Notice to other holders of interests |
SECTION 29. Award to persons holding different interests; apportionment |
SECTION 30. Appointment of guardian ad litem or trustee |
SECTION 31. Petition by tenant in possession of encumbered property |
SECTION 32. Mortgaged land; procedure |
SECTION 33. Apportionment of damages between mortgagors and mortgagees |
SECTION 34. Request for speedy trial |
SECTION 35. Evidence of assessed or fair market value of property; admissibility |
SECTION 35A. Apportionment of taxes |
SECTION 36. Discontinuance of petition |
SECTION 36A. Payment of damages after exhaustion or waiver of right to appeal |
SECTION 37. Interest on award of damages |
SECTION 38. Costs |
SECTION 39. Settlement and tender; interest |
SECTION 40. Taking by private corporations; security for damages |
SECTION 41. Finality of award; remedy for collection |
SECTION 42. Remedies to enforce payment by private corporations |
SECTION 43. Right less than fee; effect of abandonment on award of damages |
SECTION 44. Taking by United States |
SECTION 44A. Tax liens on realty taken |
SECTION 45. Applicability of chapter |