Bill > H1386

This bill amends Chapter 79 of the General Laws to restrict the use of eminent domain, a power that allows the government to take private property for public use, even if the owner does not wish to sell. Specifically, it states that property can only be taken by eminent domain when it is necessary for the public at large or for public agencies to possess, occupy, and enjoy the land. The bill explicitly prohibits taking property for commercial enterprise, private economic development, or any private use, and prevents transferring property from one owner to another simply because a more profitable use is anticipated. Furthermore, if a property taken for public use is not utilized for that purpose within five years, the government authority that acquired it must offer to sell it back to the original owner, or their heirs, at the lesser of the original purchase price or the current fair market value. If this offer is not accepted within 180 days, the property can be sold to someone else, but only through a public sale with proper legal notice. The bill also clarifies that whether a contemplated use of eminent domain is truly public is a question for the courts to decide, regardless of any legislative declaration.