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Bill > H1359


MA H1359

MA H1359
To compensate the owners of private property for the effects of certain regulatory restrictions


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

187th General Court

Bill Summary

Relative to state agency compensation for owners of private property taken by eminent domain for regulatory purposes. The Judiciary.

AI Summary

This bill proposes to amend state law to ensure that owners of private property receive compensation when government regulations significantly restrict their land use for public benefit, defining such a restriction as a "taking for general public use" unless it's to prevent a public nuisance. The bill mandates that the responsible government agency must pay "full compensation," meaning the reduction in the property's fair market value caused by the regulation, within three months of the regulation's adoption. It prohibits requiring owners to waive this compensation for permits or land subdivision, and prevents government entities from devaluing property to avoid paying full compensation. If restrictions block access to property, the government must either provide alternative access or purchase the inaccessible land. The bill also requires property tax valuations to be adjusted to reflect these changes and states that the Commonwealth is responsible for compensation liability when state law or agencies mandate restrictions. Claims for compensation must be filed within 180 days of the regulation's adoption, and the bill applies to state regulations in effect since January 1, 2010, with property owners able to sue in Superior Court for enforcement and recover legal costs if they prevail.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see H4364 (on 07/31/2012)

bill text


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