Bill

Bill > H1401


MA H1401

MA H1401
Relative to the defense of private property rights through the prevention of abusive eminent domain takings in the Commonwealth


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation to prohibit eminent domain takings for the purpose of economic development. The Judiciary.

AI Summary

This bill amends Chapter 79 of the General Laws to restrict the use of eminent domain, a government power to take private property for public use, even with just compensation. Specifically, it clarifies that eminent domain can only be used when the property is needed for direct public use or by public agencies, and explicitly prohibits its use for private economic development or any private commercial enterprise. The bill also establishes that the determination of whether a use is truly public is a judicial matter, not solely a legislative one, and if property taken for a public purpose is not used as intended within five years, the original owner or their heirs must be offered the chance to repurchase it at the lower of the original purchase price or the current fair market value, with any subsequent sale requiring a public auction after proper notice.

Committee Categories

Justice

Sponsors (18)

Last Action

Accompanied a study order, see H4706 (on 10/24/2016)

bill text


bill summary

Loading...

bill summary

Loading...

bill summary

Loading...