Bill > H2190

This bill amends Chapter 79 of the General Laws to restrict the use of eminent domain, a government's power to take private property for public use, even with just compensation. Specifically, it states that eminent domain can only be used for direct public possession, occupation, and enjoyment by the public or public agencies, and explicitly prohibits its use for commercial enterprise, private economic development, or any private use. The bill clarifies that property cannot be taken from one owner and transferred to another simply because the public might benefit from a more profitable use of that property. Furthermore, it establishes that whether a contemplated use is truly public is a judicial question, not solely a legislative one. If property taken under eminent domain is not used for its stated purpose within five years, the government authority must offer to sell it back to the original owner or their heirs at the original purchase price or the current fair market value, whichever is less, and if that offer isn't accepted within 180 days, the property can only be sold to another party through a public sale after proper legal notice.