PETITION OF:

Bradley H. Jones, Jr.

Richard R. Tisei

Paul J. P. Loscocco

Bruce E. Tarr

Mary S. Rogeness

George N. Peterson, Jr.

John A. Lepper

Viriato Manuel deMacedo

Lewis G. Evangelidis

F. Jay Barrows

Paul K. Frost

Susan Williams Gifford

Robert S. Hargraves

Robert L. Hedlund

Bradford Hill

Donald F. Humason, Jr.

Michael R. Knapik

Jeffrey Davis Perry

Elizabeth A. Poirier

Karyn E. Polito

Richard J. Ross

Todd M. Smola

Daniel K. Webster

Scott P. Brown

SECTION 1. The General Court hereby finds and declares that:

(a) the taking of private property for private commercial development is not an appropriate public use for which the power of eminent domain should be exercised;

(b) the taking of private property for a particular purpose is inappropriate if that stated purpose is not accomplished within a certain reasonable period of time after the taking is made; and

(c) it is necessary and proper for the General Court to prevent such abusive eminent domain takings as provided herein, as they are contrary to the protections guaranteed by the constitution of the commonwealth.

SECTION 2. Chapter 79 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after section 44A thereof the following new section:--

Section 44B. (a) No property shall be taken for private commercial development, which for the purposes of this section shall mean any use or reuse of any property:

(1) which has as its purpose or its reasonably anticipated effect, in whole or in substantial part, the profit or exclusive benefit of a limited class of persons or other private entities and not for members of the general public; provided, that this shall not include the taking of property by or on behalf of a common carrier; or

(2) whereby title, ownership or substantial control or beneficial interest in such property shall, within 5 years after a taking is made, be leased, conveyed, assigned or transferred to a person or other private entity which could not have taken the property on its own behalf under this chapter; provided, that this shall not apply to any conveyance, transfer, or assignment of property to a private non-profit organization for the purpose of the acquisition or preservation of open space and where a conservation restriction pursuant to chapter 184 of the general laws is retained by the commonwealth as to the property taken.

(b) If private property is taken under this chapter and if within 5 years after such taking is made the purpose for which the property was taken, as set forth in the order of taking under section 1, has not been accomplished substantially, the private owner or owners from which the property was taken shall be entitled to petition the land court in the district in which the property is located for a declaratory judgment ordering that title and interest in the subject property shall revert back to him or them; provided, that such a judgment shall be entered for the plaintiffs only upon a written finding that the particular purpose for which the property was taken has been frustrated or has not be accomplished in substantial part since the property was taken; and provided further, that where such property was taken from more than 1 person, title and interest shall revert back to such owners ratably according to the title and interest each possessed immediately prior to the taking; and provided further that, as part of such judgment, no reversion of property shall occur until the owner or owners of such property reimburse the body which made the taking for the full amount of damages which were paid under this chapter, without interest; and provided further, that subsequent to the entry of judgment in favor of the property owner or owners, the subject property shall not be taken again for the same or substantially similar purpose without the consent of the owner or owners thereof for a period of 50 years.