Bill > H1787

This bill amends Massachusetts law regarding eminent domain (the government's power to take private property for public use) by adding strict new limitations on when and how such property can be seized. The legislation prohibits taking property for commercial enterprises, private economic development, or private use, emphasizing that property cannot be transferred from one private owner to another solely to achieve a potentially more profitable use. The bill establishes that the determination of whether a proposed property taking serves a genuinely public purpose is now a judicial question, not simply a legislative assertion. Additionally, if a government entity takes property through eminent domain and does not use it for the originally stated public purpose within 5 years, they must first offer to sell the property back to the original owner (or their heirs) at the original purchase price or current fair market value, whichever is lower. If the original owner declines the offer within 180 days, the government may then sell the property publicly. These provisions aim to protect private property rights by preventing what are perceived as abusive government land seizures and ensuring that eminent domain is used strictly for clear public benefits.

Justice

https://malegislature.gov/Bills/194/H1787