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By Ms. Walz of Boston, petition (accompanied by bill, House, No. 1770) of Martha M. Walz and others relative to eminent domain takings. The Judiciary. |
The Commonwealth of Massachusetts
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PETITION OF:
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By Ms. Walz of Boston, petition (accompanied by bill, House, No. 1770) of Martha M. Walz and others relative to eminent domain takings. The Judiciary. |
The Commonwealth of Massachusetts
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PETITION OF:
James B. Eldridge
Matthew C. Patrick
Denise Provost
Christine E. Canavan
James R. Miceli
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In the Year Two Thousand and Seven.
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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 2004 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 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.
SECTION 2. This act shall take effect upon its passage.