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Bill > H1401
MA H1401
MA H1401Relative to the defense of private property rights through the prevention of abusive eminent domain takings in the Commonwealth
summary
Introduced
01/20/2015
01/20/2015
In Committee
01/20/2015
01/20/2015
Crossed Over
Passed
Dead
07/31/2016
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)
Brad Jones (R)*,
Jay Barrows (R),
Nick Boldyga (R),
Shawn Dooley (R),
James Dwyer (D),
Kim Ferguson (R),
Paul Frost (R),
Susan Gifford (R),
Sheila Harrington (R),
Bradford Hill (R),
Steven Howitt (R),
Kevin Kuros (R),
Shaunna O'Connell (R),
Keiko Orrall (R),
Elizabeth Poirier (R),
Todd Smola (R),
Dave Vieira (R),
Timothy Whelan (R),
Last Action
Accompanied a study order, see H4706 (on 10/24/2016)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://malegislature.gov/Bills/189/H1401 |
| Bill | https://malegislature.gov/Bills/189/H1401.pdf |
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