Bill > S55

This bill proposes a legislative amendment to the Constitution of Massachusetts to significantly restrict the government's power of eminent domain, which is the power to take private property for public use, even if the owner does not wish to sell, provided "just compensation" is paid. The amendment would clarify that private property can only be taken if it is necessary for the public's direct possession, occupation, and enjoyment, or for use by public agencies. Crucially, it would prohibit taking private property for private commercial enterprise, economic development, or any other private use unless the owner consents, and it would prevent property from being transferred from one private owner to another simply because a more profitable private use is anticipated. Furthermore, the bill states that whether a contemplated use is truly public will be a question for the courts to decide, not just a declaration by the legislature.