Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2430

Introduced
7/31/23  
Refer
7/31/23  

Caption

Relative to property rights

Impact

This bill has significant implications for state laws governing property rights and eminent domain. By instituting a requirement for good faith negotiations and mandating that any changes in the use of taken property must be approved via legislative action or through an agreement with the property owner, S2430 aims to maintain a balance of power between government bodies and private property owners. The ability for owners to repurchase their property provides them not only with economic relief but also a sense of control over their individual property rights.

Summary

Senate Bill 2430, titled 'An Act relative to property rights,' aims to provide enhanced protections for property owners in the event of property takings under eminent domain by government entities. The bill proposes amendments to Chapter 79 of the General Laws, specifically ensuring that property owners have a right of first refusal to repurchase their property if it is sold for a purpose other than that stated in the original order of taking. This measure is intended to give property owners an additional layer of security and influence over their properties when they are subjected to governmental actions.

Contention

While proponents of the bill view it as a necessary safeguard for property rights, there are concerns from local government officials regarding the potential hindrance to urban development and public works projects. Critics of the bill argue that imposing such conditions may create bureaucratic delays and complicate the ease with which government agencies can carry out essential infrastructure projects. Balancing the rights of property owners with the needs of the public sector remains a point of contention in the legislative discussions surrounding this bill.

Companion Bills

MA H1593

Similar To Relative to the defense of private property rights through the prevention of abusive eminent domain takings in the Commonwealth

MA S2449

Replaced by Relative to property rights

MA S1975

Replaces Relative to property rights

Similar Bills

CA AB2013

Property taxation: new construction: damaged or destroyed property.

CA AB1500

Property taxation: application of base year value: disaster relief.

CA AB245

Property taxation: application of base year value: disaster relief.

DC B25-0486

Uniform Community Property Disposition at Death Act of 2023

CA SB964

Property tax: tax-defaulted property sales.

CA SB603

Property taxation: transfer of base year value: disaster relief.

CA SB1091

Property taxation: transfer of base year value: disaster relief.

HI HB1398

Relating To Property.