Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H67

Introduced
3/3/25  
Refer
3/3/25  

Caption

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

Impact

The proposed amendment would have significant implications for state laws governing land use and property rights. If enacted, it would prevent local and state authorities from using eminent domain for projects that primarily benefit private companies or developers, thus fostering a more stringent protection of individual property rights. This shift could potentially alter the landscape of urban development and economic initiatives in Massachusetts, as it may limit government’s ability to facilitate large-scale projects that rely on land acquisitions for private interests.

Summary

House Bill 67 proposes a legislative amendment to the Constitution of Massachusetts, aimed at prohibiting the taking of land or interests therein through eminent domain for private commercial or economic development purposes. The intention is to redefine what constitutes 'public use' in the context of eminent domain as outlined in Article X of the Massachusetts Constitution. By limiting the power of the government to seize private property for the benefit of private entities, the bill seeks to strengthen property rights and protect individuals from potential abuse of governmental authority.

Contention

The bill is likely to encounter considerable debate among lawmakers and stakeholders. Proponents argue that the amendment is essential for safeguarding individual rights against overreach by powerful government entities or corporations. They contend that eminent domain has historically been used to displace communities and prioritize profit over public welfare. Conversely, opponents may raise concerns that restricting eminent domain could hinder economic development and infrastructure projects that benefit the public good. This contention highlights the balancing act legislators must perform between protecting property rights and facilitating necessary public development.

Companion Bills

No companion bills found.

Previously Filed As

MA H35

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

MA H40

Proposal for a legislative amendment to the Constitution ensuring appropriate expenditure of fair share funds

MA H39

Proposal for a legislative amendment to the Constitution Proposal for a legislative amendment to the Massachusetts Constitution, for a Constitutional right to employable skills training

MA H29

Proposal for a legislative amendment to the Constitution for a Constitutional right to housing

MA H27

Proposal for a legislative amendment to the Constitution for a Constitutional right to health care

MA S13

Proposal for a legislative amendment to the Constitution relative to agricultural and horticultural lands

MA H1589

Relative to eminent domain

MA S15

Proposal for a legislative amendment to the Constitution to cap the state income tax

MA S12

Proposal for a legislative amendment to the Constitution relative to select boards

MA S8

Proposal for a legislative amendment to the Constitution relative to voting rights

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