If, after notice and hearing, the Department determines that the developer has shown that he has made a good faith but unsuccessful attempt to acquire all or a portion of the proposed site by purchase or lease, the Department shall request approval of the exercise of its eminent domain authority by majority vote of the city council, board of aldermen or board of selectmen of the community in which the land is located. If such approval is given, the Department shallexercise its eminent domain authority as provided in M.G.L. c. 21D, § 17. Upon acquiring title to the proposed site, the department shall lease it to the developer, and may subsequently dispose of it pursuant to the provisions of M.G.L. c. 21D, § 17.

REGULATORY AUTHORITY:

990 CMR 15.00: M.G.L. c. 21D, § 4.