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Bill > S890


MA S890

MA S890
Requiring that eminent domain be for the public use and defining public use


summary

Introduced
04/15/2015
In Committee
04/15/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation to require that eminent domain takings be for public use purposes and defining the term public use. The Judiciary.

AI Summary

This bill, by adding a new section to Chapter 79 of the General Laws, requires that the government or any entity using eminent domain, which is the power of the government to take private property for public use, must demonstrate that the taking is for a "public use" and is reasonably necessary, especially when the property will be used by a private party. The bill explicitly defines "public use" to include only the general public or public agencies occupying and enjoying the land, the creation or functioning of public utilities or common carriers, or the removal of public nuisances, dilapidated structures, or the acquisition of abandoned property in its current state; importantly, it clarifies that economic benefits like increased tax revenue or jobs will no longer be considered a sufficient "public use" to justify eminent domain.

Committee Categories

Justice

Sponsors (9)

Last Action

Accompanied a study order, see S2204 (on 04/04/2016)

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