Chapter 79

Section 1. The taking of real estate or of any interest therein by right of eminent domain may be effected in the following manner. A board of officers upon whom authority to take real estate by eminent domain on behalf of any body politic or corporate has been conferred by law, …

Section 10. When the real estate of any person has been taken for the public use or has been damaged by the construction, maintenance, operation, alteration, repair or discontinuance of a public improvement or has been entered for a public purpose, but such taking, entry or damag…

Section 10A. Compliance with the provisions of sections six, seven, seven A, seven B, seven C, seven D, eight A, nine, ten and thirty-six A may be enforced against any person having a duty of compliance therewith by writ of mandamus issued upon the petition of any person adversel…

Section 11. If a single parcel of land taken or injured by a private corporation lies in more than one county or in more than one town, a petition for an award of damages under section seven may be made to the appropriate board of officers of either of such counties or of either …

Section 12. The damages for property taken under this chapter shall be fixed at the value thereof before the recording of the order of taking, and in case only part of a parcel of land is taken there shall be included damages for all injury to the part not taken caused by the tak…

Section 12A. Notwithstanding any special or general law to the contrary, if property which is known to be subject to an imminent taking under this chapter is diminished in value by a disaster as determined by the President of the United States pursuant to section 102 of the Disas…

Section 13. If there are trees upon or structures affixed to the land taken which are not included in the taking, the owner may remove the same, but the damages shall include the value thereof, so far as they enhance the value of the land, and the value thereof for purposes of re…

Section 14. A person entitled to an award of his damages under this chapter or the body politic or corporate bound to pay the same, whether a petition has or has not been filed or award made under section six, seven, nine or ten, may petition for the assessment of such damages to…

Section 16. A petition for the assessment of damages under section fourteen may be filed within three years after the right to such damages has vested; but any person, including every mortgagee of record, whose property has been taken or injured, and who has not received notice u…

Section 17. If a person petitions for an award or assessment of his damages within the time limited by law, or is a party to such petition by another person, and the petition is quashed, abated or otherwise avoided or defeated for any inaccuracy, irregularity or matter of form, o…

Section 18. If a suit, in which the right of a body politic or corporate to effect a particular public improvement or to make a particular taking is drawn in question, is brought within the time for filing a petition to the proper tribunal for an award or assessment of the damage…

Section 19. If the time for locating or constructing a public improvement by a private corporation shall be extended by statute, all unsettled claims against the corporation for damages to land shall be revived, and the claimants for such damages may petition to the proper tribun…

Section 2. Where no other provision is made by law, a taking of land by eminent domain by or on behalf of the commonwealth shall be made by the governor and council, a taking by or on behalf of a county by the county commissioners of such county, a taking by or on behalf of a cit…

Section 20. If damages may be recovered under this chapter for the taking of or injury to property of a person under guardianship or conservatorship or property held in trust, the guardian, conservator or trustee may petition for and recover, and may release all such damages in l…

Section 21. If a person who is entitled to petition for an award or assessment of his damages under this chapter dies without filing such petition within the time limited therefor, his executor or administrator may within one year from the date of his appointment file such petiti…

Section 22. A complaint brought under section fourteen shall name all parties adversely interested who are known to the petitioner, and process shall issue and service be made in accordance with the Massachusetts Rules of Civil Procedure. Any defense to the petition not relating …

Section 23. If joint tenants, or tenants in common, or other persons having joint or several estates or interests in a single piece of property sustain damages in such property which are recoverable under this chapter, they may join in any petition to recover the damages thereby …

Section 24. If a tenant for life or for years and the remainderman or reversioner sustain damages which are recoverable under this chapter, by the taking of their property by eminent domain or by injury thereto under authority of law, or if property so taken or injured is encumbe…

Section 25. The amount so to be placed in trust shall include only the damages assessed to the whole property; and any damage special to a separate estate therein, and all interest or other earnings which accrue between the taking and the receipt by the trustee of the damages to …

Section 26. If a person having an interest in such property is, by reason of legal disability, incapable of choosing a trustee, or is unascertained or not in being, or if the parties cannot agree upon a choice, the probate court of the county in which the property is situated sha…

Section 27. If there are several parties, who have several estates in the same property at the same time, other than the estates and interests for which provision is made in section twenty-four, and the property is taken in whole or in part or receives injury for which damages ar…

Section 28. Upon such petition, the court may order the petitioner to give notice thereof to all the other parties interested, by serving each of them with an attested copy of such petition and the order thereon fourteen days before the next return day, in order that the other pa…

Section 29. If, on such petition, the court or jury find any of the parties entitled to damages, there shall first be found and set forth the total amount of damages sustained by the owners of such property, estimating the same as an entire estate and as if it were the sole prope…

Section 3. The board of officers by whom an order of taking has been adopted under section one shall within thirty days thereafter cause a copy thereof, signed by them or certified by their secretary or clerk, or, in case of a taking by or on behalf of a city by a board of office…

Section 30. If it appears in any proceedings under the seven preceding sections that an interest in such property is unrepresented by reason of a contingency or other cause by which the owner thereof is unknown or cannot then be ascertained, or because of the disability of such o…

Section 31. The tenant in possession of property which is encumbered by a contingent remainder, executory devise or power of appointment may, subject to section sixteen, petition the superior court for the assessment of damages; and if he fails so to petition within the first six…

Section 32. If property which is taken in whole or in part by eminent domain or receives injury, for which damages are recoverable under this chapter, is mortgaged, both the mortgagor and the mortgagee, in addition to their rights under the mortgage, shall have the same powers, r…

Section 33. If mortgagors or mortgagees begin or become parties to such proceedings, entire damages shall, upon final judgment, be assessed for the property taken, and such portion thereof as is equal to the amount then unpaid thereon shall be ordered to be paid to every mortgage…

Section 34. Upon the filing of a petition under section fourteen by or against the commonwealth or a county, city, town or district or any other legal entity which is authorized under the provisions of any general or special law to take property in whole or in part or of any inte…

Section 35. The valuation made by the assessors of a town for the purposes of taxation for the three years next preceding the date of the taking of or injury to real estate by the commonwealth or by a county, city, town or district under authority of law may, in proceedings, brou…

Section 35A. In case of a trial by jury in a proceeding brought under section fourteen, the amount, if any, to which the petitioner is entitled by reason of the tax assessed upon the property in the year in which it was taken, as provided in section twelve, shall be separately de…

Section 36. No petition brought under section fourteen shall be discontinued except by leave of court or by agreement of all the parties thereto; and any party thereto may prosecute the same.

Section 36A. The body politic or corporate against which an award is made under section seven, nine or ten, or against which a judgment is entered under section fourteen, shall, within thirty days after all rights of appeal therefrom have been exhausted or waived, make payment in…

Section 37. Damages under this chapter shall bear interest at the rate calculated pursuant to the provisions of this section from the date on which the right to damages under this chapter vested until paid, except that an award shall not bear interest after it is payable unless t…

Section 38. In all proceedings before county commissioners under this chapter, section eighteen of chapter thirty-four shall be applicable. In all proceedings brought under section fourteen, if a petition is filed after an award of damages has been made and the damages are increa…

Section 39. Whenever damages may be recovered under this chapter, the body politic or corporate liable for such damages may after the right to such damages has become vested effect such settlement of the damages with the person entitled thereto as it may deem to be for its best i…

Section 4. If land of a registered owner, or any right or interest therein, is taken by eminent domain, the board of officers by whom the taking is made shall file for registration in the proper registry district a description of the registered land so taken, giving the name of e…

Section 40. Before a taking is made or injury inflicted by a private corporation for which damages may be recovered under this chapter, such corporation shall give to the board of officers by whom such damages are to be awarded security to their satisfaction for the payment of al…

Section 41. If no petition under section fourteen is filed within the time limited, the award of damages shall be final and the amount thereof shall be paid upon demand, and if not so paid may be recovered in an action of contract.

Section 42. If a private corporation has erected or laid poles, wires, pipes, rails or other structures in a public way, for the construction, operation or maintenance of which damages may be recovered from such corporation under this chapter by the owners of any interest in land…

Section 43. When any easement or other right less than the fee which has been taken by eminent domain has been abandoned in accordance with law before the damages accruing from such taking have been finally determined, the fact of such abandonment may be considered in reduction o…

Section 44. If the agents of the United States and the persons owning or interested in any property which is required for any purposes for which the United States is authorized to take property by eminent domain cannot agree upon the price to be paid for the interest of such pers…

Section 44A. If real estate taken in whole or in part by eminent domain was at the time of said taking subject to any lien for taxes, assessments or other charges, which is extinguished by such taking, and if the collector of taxes of the town in which such real estate is located…

Section 45. No real estate shall be taken for public use by the formal vote or order of any board of officers except under this chapter or chapter eighty A, and no damages shall be assessed for the taking or seizure of property for a public purpose or for injury thereto by author…

Section 5. No portion of a state institution shall be taken for a public way, canal, railroad or railway without leave of the general court specially obtained. No portion of a highway, public building or cemetery shall be taken for railroad purposes outside the limits of the rout…

Section 5A. No historical or archeological landmark certified under the provisions of section twenty-seven of chapter nine and no property owned, preserved and maintained by any historical organization or society as an ancient landmark or as property of historical or antiquarian …

Section 5B. No property used for agriculture or farming as defined in section one A of chapter one hundred and twenty-eight shall be taken without the consent of the owner thereof, nor shall an easement be taken on such property without such consent, except after a hearing by the…

Section 5C. No property shall be taken without the consent of the owner thereof, nor shall an easement be taken on such property without such consent, unless notice of intent to take such property is given to the owner of such property at least thirty days prior to the date of th…

Section 6. When a taking is made on behalf of a body politic or corporate other than a corporation described in section seven, the board of officers by whom the order of taking is adopted shall, at the time of the adoption thereof, award the damages sustained by every person in h…

Section 6A. Any person lawfully occupying real property who is displaced therefrom and caused to move as a result of a taking of such property by eminent domain, shall be paid by the body politic or corporate on behalf of which the taking is made, unless other provision is made b…