Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1787 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1342 FILED ON: 1/14/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1787
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bradley H. Jones, Jr.
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the defense of private property rights through the prevention of abusive
13	13	eminent domain takings in the Commonwealth.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Bradley H. Jones, Jr.20th Middlesex1/14/2025Kimberly N. Ferguson1st Worcester1/14/2025Paul K. Frost7th Worcester1/31/2025Todd M. Smola1st Hampden3/10/2025David F. DeCoste5th Plymouth1/28/2025David F. DeCoste5th Plymouth1/28/2025 1 of 2
17	17	HOUSE DOCKET, NO. 1342 FILED ON: 1/14/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 1787
19	19	By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1787) of
20	20	Bradley H. Jones, Jr. and others relative to the defense of private property rights through the
21	21	prevention of abusive eminent domain takings. The Judiciary.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 1593 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act relative to the defense of private property rights through the prevention of abusive
30	30	eminent domain takings in the Commonwealth.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Chapter 79 of the General Laws, as appearing in the 2022 Official Edition,
34	34	2is hereby amended by inserting after section 1 the following section:
35	35	3 Section 1A.  The taking of real estate or of any interest therein by right of eminent
36	36	4domain under this chapter or chapter 80A shall be affected only when necessary for the
37	37	5possession, occupation, and enjoyment of land by the public at large or by public agencies and
38	38	6shall not be effected for the purpose of commercial enterprise, private economic development, or
39	39	7any private use of the property.  Property shall not be taken from one owner and transferred to
40	40	8another on the grounds that the public will benefit from a more profitable use.  Whenever an
41	41	9attempt is made to take property for a use alleged to be public, the question of whether the 2 of 2
42	42	10contemplated use is truly public shall be a judicial question and determined as such without
43	43	11regard to any legislative assertion that the use is public.  In the event that property taken pursuant
44	44	12to this chapter or chapter 80A is not used for the purpose for which it was taken within 5 years of
45	45	13the taking, the governmental authority that took the property must offer to sell the property to the
46	46	14owner from whom it was acquired, or his or her known or ascertainable heirs or assigns, at the
47	47	15price which was paid for the property or for the fair market value of the property at the time of
48	48	16the sale, whichever is less, and if the offer is not accepted within 180 days from the date it is
49	49	17made, the property may be sold to any other person, but only at public sale after legal notice is
50	50	18given
51	51	19 SECTION 2.  This act shall take effect upon its passage.