SENATE . . . . . . . . . . . . . . No. 2449
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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SENATE, October 2, 2023.
The committee on Senate Ways and Means to whom was referred the Senate Bill relative
to property rights (Senate, No. 2430), - reports, recommending that the same ought to pass with
an amendment substituting a new draft with the same title (Senate, No. 2449).
For the committee,
Michael J. Rodrigues 1 of 2
FILED ON: 10/2/2023
SENATE . . . . . . . . . . . . . . No. 2449
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to property rights.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 1 of chapter 79 of the General Laws, as appearing in the 2022
2Official Edition, is hereby amended by inserting after the second sentence the following
3sentence:- Any such order of taking shall provide a right of first refusal to purchase the property
4to the owner from whom the property is being taken if the board of officers seeks to dispose of
5the property for a purpose other than that stated in the order of taking.
6 SECTION 2. Said chapter 79 is hereby further amended by inserting after section 3 the
7following section:-
8 Section 3A. If property taken by eminent domain by a board of officers upon whom
9authority to take real estate by eminent domain on behalf of any body politic or corporate has
10been conferred by law is not being used for the purpose stated in the order of taking recorded
11pursuant to section 3, the board of officers shall engage in good faith negotiations with the owner
12from whom the land was taken to amend the original order of taking. Any such amendment shall
13be signed by both parties and filed in the proper registry district. If a body politic or corporate 2 of 2
14seeks to dispose of property taken by eminent domain for a purpose other than that stated in the
15order of taking, the owner from whom the property was taken, or their heirs or assignees, shall be
16given the right of first refusal to purchase the property back from the body politic or corporate.
17 SECTION 3. Section 3A of chapter 79 of the General Laws shall apply to real property
18currently held by a body politic or corporate taken by eminent domain.