Massachusetts House Bill H35

Massachusetts 2023-2024 Regular Session

• Introduced: 2/9/23
• Refer: 2/9/23

Caption

Proposal for a legislative amendment to the Constitution prohibiting eminent domain takings

Impact

If enacted, the bill would fundamentally reshape the state's eminent domain laws, reinforcing property rights by preventing government entities from seizing private property under the premise of benefiting the public through private development projects. This could significantly impact future development initiatives, as municipalities and the state may face limitations on their ability to pursue commercial projects that might require land acquisition through eminent domain.

Summary

House Bill 35 aims to propose a significant amendment to the Massachusetts Constitution by prohibiting the use of eminent domain for private commercial or economic development projects. This proposed change seeks to clarify the definition of 'public use' under Article X of the state constitution, asserting that taking land for private interests does not serve public purposes. The bill's sponsors consist of several legislators who share concerns over the current applications of eminent domain and its potential exploitation for private gains.

Contention

The discussion surrounding H35 has highlighted notable points of contention regarding its implications for economic growth and local development. Supporters argue that the bill is a step towards protecting individual property rights and ensuring that the government does not misuse its power at the expense of citizens. However, opponents raise concerns that such a prohibition might hinder necessary development projects that could benefit the community at large. This bill is positioned within a broader debate about the balance between public interests and private property rights.