The Commonwealth of Massachusetts
PETITION OF:
The Commonwealth of Massachusetts
PETITION OF:
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In the Year Two Thousand and Seven.
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Proposal for a legislative amendment to the Constitution relative to eminent domain takings.
A majority of all the members elected to the Senate and House of Representatives, in joint session, hereby declares it to be expedient to alter the Constitution by the adoption of the following Article of Amendment, to the end that it may become a part of the Constitution [if similarly agreed to in a joint session of the next General Court and approved by the people at the state election next following]:
ARTICLE OF AMENDMENT.
Article X of Part the First of the Constitution is hereby amended by adding at the end thereof, the following:
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.