Mass. Gen. Laws ch. 79 – Eminent Domain | Midpage

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Massachusetts General Laws

Chapter 79

Mass. Gen. Laws ch. 79

Eminent Domain

1Order of taking; contents 2Officials authorized to exercise eminent domain 3Recordation of taking order; procedure to acquire possession 4Taking registered land 5Taking of land already in public use 5AHistorical or archeological landmarks; ancient landmarks; taking 5BAgricultural land 5CNotice of intent prior to taking; exceptions 6Taking by public; award of damages; amendment of award; payment 6AMoving expenses; exemption from attachment or execution 7Taking by private corporations; award of damages; time of payment 7AAppraisal as pre-requisite to payment of damages 7BPayment of damages; execution of necessary documents; time of issuance of checks 7CNotice of taking and amount of damages; contents; service 7DUnknown persons or persons under legal disability; manner of payment of damages; apportionment of damages; deposits 7EUnclaimed checks 7FCopies of notice or notice of deposit; sending to tax collectors 7GReceipt of payment or deposit; effect; recovery of interest; refund of overpayment; recovery of payment made to person not entitled thereto 7HPayment of damages of less than $2000 to prevent hardship notwithstanding title deficiencies 8AOffer of settlement; payment pro tanto; refund of excess 8BTime for vacation of dwellings 9Injuries to realty caused by improvements not constituting a taking 10Damages for injuries to property caused by acts in pais 10APayment of damages; enforcement of provisions of certain sections; petition for writ of mandamus 11Land lying in more than one governmental unit; petition for award of damages 12Measure of damages; federal reimbursement 12AProperty taken diminished in value by disaster; full compensation; determination of fair market value; time limit 13Buildings and trees on land taken 14Petition to superior court 16Time for filing petition 17Time for filing petition when original proceedings quashed 18Time for filing petition when validity of taking is contested 19Time for filing petition if improvement delayed by law 20Petition by guardian, conservator or trustee 21Procedure on death of person entitled to damages 22Pleading and procedure; entry of judgment 23Petition of persons holding different interests in same property 24Damages sustained by tenant for life or years and remaindermen; trust 25Amount of damages placed in trust; damages special to separate estate 26Trustees for persons with legal disability; appointment; bond 27Persons holding unusual interests; right to petition 28Notice to other holders of interests 29Award to persons holding different interests; apportionment 30Appointment of guardian ad litem or trustee 31Petition by tenant in possession of encumbered property 32Mortgaged land; procedure 33Apportionment of damages between mortgagors and mortgagees 34Request for speedy trial 35Evidence of assessed or fair market value of property; admissibility 35AApportionment of taxes 36Discontinuance of petition 36APayment of damages after exhaustion or waiver of right to appeal 37Interest on award of damages 38Costs 39Settlement and tender; interest 40Taking by private corporations; security for damages 41Finality of award; remedy for collection 42Remedies to enforce payment by private corporations 43Right less than fee; effect of abandonment on award of damages 44Taking by United States 44ATax liens on realty taken 45Applicability of chapter