1 of 1
HOUSE DOCKET, NO. 1342 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 1787
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Bradley H. Jones, Jr.
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the defense of private property rights through the prevention of abusive
eminent domain takings in the Commonwealth.
_______________
PETITION OF:
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
HOUSE DOCKET, NO. 1342 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 1787
By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1787) of
Bradley H. Jones, Jr. and others relative to the defense of private property rights through the
prevention of abusive eminent domain takings. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1593 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act relative to the defense of private property rights through the prevention of abusive
eminent domain takings in the Commonwealth.
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. Chapter 79 of the General Laws, as appearing in the 2022 Official Edition,
2is hereby amended by inserting after section 1 the following section:
3 Section 1A. The taking of real estate or of any interest therein by right of eminent
4domain under this chapter or chapter 80A shall be affected only when necessary for the
5possession, occupation, and enjoyment of land by the public at large or by public agencies and
6shall not be effected for the purpose of commercial enterprise, private economic development, or
7any private use of the property. Property shall not be taken from one owner and transferred to
8another on the grounds that the public will benefit from a more profitable use. Whenever an
9attempt is made to take property for a use alleged to be public, the question of whether the 2 of 2
10contemplated use is truly public shall be a judicial question and determined as such without
11regard to any legislative assertion that the use is public. In the event that property taken pursuant
12to this chapter or chapter 80A is not used for the purpose for which it was taken within 5 years of
13the taking, the governmental authority that took the property must offer to sell the property to the
14owner from whom it was acquired, or his or her known or ascertainable heirs or assigns, at the
15price which was paid for the property or for the fair market value of the property at the time of
16the sale, whichever is less, and if the offer is not accepted within 180 days from the date it is
17made, the property may be sold to any other person, but only at public sale after legal notice is
18given
19 SECTION 2. This act shall take effect upon its passage.