EMINENT DOMAIN

M.G.L. pt. Part I, tit. Title XIII, ch. c. 79

in effect

M.G.L. c. 79, § 1 Order of taking; contents

c. 79, § 1. Order of taking; contents Section 1. The taking of real estate or of any interest therein by right of eminent domain may be effected in the following manner. A board of officers upon whom authority to take real estate by eminent domain on behalf of any body politic or corporate has been conferred by law, having first complied with all the preliminary requirements prescribed by law, may adopt an order of taking, which shall contain a description of the land taken sufficiently accurate for identification, and shall state the interest therein taken and the purpose for which such property is taken, and in case such taking if for an improvement for which betterments may be assessed shall state whether betterments are to be assessed therefor. In case there are trees upon the land taken, or structures affixed thereto, the order of taking shall state whether the same are to be included in the taking, and, if they are not so included, shall allow the owner a reasonable time after the date of the order or after entry or possession to remove the same, to be specified in the order.

M.G.L. c. 79, § 2 Officials authorized to exercise eminent domain

c. 79, § 2. Officials authorized to exercise eminent domain Section 2. Where no other provision is made by law, a taking of land by eminent domain by or on behalf of the commonwealth shall be made by the governor and council, a taking by or on behalf of a county by the county commissioners of such county, a taking by or on behalf of a city by the aldermen, a taking by or on behalf of a town by the selectmen, a taking by or on behalf of a district by its prudential committee and a taking by or on behalf of a private corporation by its board of directors.

M.G.L. c. 79, § 3 Recordation of taking order; procedure to acquire possession

c. 79, § 3. Recordation of taking order; procedure to acquire possession Section 3. The board of officers by whom an order of taking has been adopted under section one shall within thirty days thereafter cause a copy thereof, signed by them or certified by their secretary or clerk, or, in case of a taking by or on behalf of a city by a board of officers having no secretary or clerk, certified by the city clerk, to be recorded in the registry of deeds of every county or district in which the property taken or any of it lies. The copy of an order of taking made under chapter one hundred and fifty-nine in connection with proceedings thereunder to abolish grade crossings by the department of highways, or by the department of telecommunications and energy, may be filed and recorded without the payment of any fee therefor. Upon the recording of an order of taking under this section, title to the fee of the property taken or to such other interest therein as has been designated in such order shall vest in the body politic or corporate on behalf of which the taking was made; and the right to damages for such taking shall thereupon vest in the persons entitled thereto unless otherwise provided by law. If the person in possession of property which has been taken in fee, or in which an easement has been taken, by eminent domain under this chapter refuses to permit the body politic or corporate by which the taking was made to enter thereon and take possession thereof or to exercise its rights under the taking after thirty days' notice in writing sent to him by registered mail or posted upon the property so taken or in which an easement has been so taken, the board of officers having the direction and control of the public improvement in connection with which the taking was made may issue its warrant to the sheriff of the county in which the property is situated or to his deputy directing him to make entry on the property so taken and to take possession thereof or of the easement therein which has been taken, on behalf of said body politic or corporate, and such sheriff or his deputy shall forthwith execute said warrant using such force as he may deem necessary for the purpose.

M.G.L. c. 79, § 4 Taking registered land

c. 79, § 4. Taking registered land Section 4. If land of a registered owner, or any right or interest therein, is taken by eminent domain, the board of officers by whom the taking is made shall file for registration in the proper registry district a description of the registered land so taken, giving the name of each owner thereof, referring by number and place of registration in the registration book to each certificate of title, and stating what estate or interest in the land is taken, and for what purpose. A memorandum of the right or interest taken shall be made on each certificate of title by the assistant recorder. If the fee simple of part of the registered land is taken a new certificate shall be entered to the owner for the land remaining to him after such taking. All fees on account of any memorandum of registration or entry of new certificates shall be paid by the body politic or corporate which takes the land. If the body politic or corporate which takes the land acquires the fee simple of all or part of the registered land, a new certificate shall be entered to the body politic or corporate making the fee simple taking.

M.G.L. c. 79, § 5 Taking of land already in public use

c. 79, § 5. Taking of land already in public use Section 5. No portion of a state institution shall be taken for a public way, canal, railroad or railway without leave of the general court specially obtained. No portion of a highway, public building or cemetery shall be taken for railroad purposes outside the limits of the route fixed for such railroad without the consent of the town in which the land sought to be taken is situated. No portion of the land taken for or held as a park by a town under chapter forty-five shall be taken or used for a public way, canal, railroad or railway, or for altering or widening the same, without the approval of the board having control of the public parks of such town. No portion of a common or park dedicated to the use of the public, or appropriated to such use without interruption for a period of twenty years, shall be taken or used for a public way, canal, railroad or railway, or for altering or widening the same, except with the consent of the city or town in which such common or park is situated after public notice, given in the manner provided in cases of the laying out and alteration of highways, stating the extent and limits of the portion thereof proposed to be taken. Such consent shall be expressed by a vote of the inhabitants, if ten or more voters file a request in writing to that effect with the selectmen or aldermen within thirty days after the publication of the notice; in the absence of such request, consent shall be presumed. In a city such vote shall be taken by ballot on a day appointed for the purpose by the aldermen, which may be the day of any election. Notice that such vote is to be taken with a statement of the question to be voted upon shall be given by the aldermen in the manner provided by law for giving notice of city elections, fourteen days at least before the day appointed therefor, and all provisions of law relative to elections consistent herewith shall be applicable to such vote, and a certificate of the result shall be recorded by the city clerk.

M.G.L. c. 79, § 5A Historical or archeological landmarks; ancient landmarks; taking

c. 79, § 5A. Historical or archeological landmarks; ancient landmarks; taking Section 5A. No historical or archeological landmark certified under the provisions of section twenty-seven of chapter nine and no property owned, preserved and maintained by any historical organization or society as an ancient landmark or as property of historical or antiquarian interest shall be taken without leave of the general court specially obtained.

M.G.L. c. 79, § 5B Agricultural land

c. 79, § 5B. Agricultural land Section 5B. No property used for agriculture or farming as defined in section one A of chapter one hundred and twenty-eight shall be taken without the consent of the owner thereof, nor shall an easement be taken on such property without such consent, except after a hearing by the board at which such owner shall be entitled to be heard and allowed to introduce evidence that other land not used for agriculture or farming, as so defined, and without occupied buildings situated thereon is available for the public use for which it is intended to take his property. If such evidence is introduced and accepted by the board as valid, the board shall exempt said property from the taking. The provisions of this section shall not apply to takings in behalf of the commonwealth, takings for highway purposes, nor to takings authorized by the department of telecommunications and energy, except that in such takings notices of hearings required by section seventy-two of chapter one hundred and sixty-four shall be sent to all interested parties.

M.G.L. c. 79, § 5C Notice of intent prior to taking; exceptions

c. 79, § 5C. Notice of intent prior to taking; exceptions Section 5C. No property shall be taken without the consent of the owner thereof, nor shall an easement be taken on such property without such consent, unless notice of intent to take such property is given to the owner of such property at least thirty days prior to the date of the actual taking. The provisions of this section shall not apply to takings on behalf of the commonwealth, county, city or town. Said provisions shall also not apply to takings authorized by the department of telecommunications and energy, except that in such takings notice of hearings required by section seventy-two of chapter one hundred and sixty-four shall be sent to the owners of any property to be taken.

M.G.L. c. 79, § 6 Taking by public; award of damages; amendment of award; payment

c. 79, § 6. Taking by public; award of damages; amendment of award; payment Section 6. When a taking is made on behalf of a body politic or corporate other than a corporation described in section seven, the board of officers by whom the order of taking is adopted shall, at the time of the adoption thereof, award the damages sustained by every person in his property by reason of such taking. Such award may be amended by said board of officers at any time prior to the payment thereof by reason of a change in ownership or value of said property before the right to damages therefor has become vested or for other good cause shown. Such damages shall be paid by such body politic or corporate unless other provision is made by law.

M.G.L. c. 79, § 6A Moving expenses; exemption from attachment or execution

c. 79, § 6A. Moving expenses; exemption from attachment or execution Section 6A. Any person lawfully occupying real property who is displaced therefrom and caused to move as a result of a taking of such property by eminent domain, shall be paid by the body politic or corporate on behalf of which the taking is made, unless other provision is made by law, the reasonable and necessary expenses incurred by him, as determined by said body, in moving his personal property to another location within the commonwealth, but in no event more than the amounts permitted by the provisions of chapter seventy-nine A. Moving expense payments granted under the provisions of this section shall not be subject to attachment by trustee process or otherwise, nor shall they be subject to be taken on execution or other process.

M.G.L. c. 79, § 7 Taking by private corporations; award of damages; time of payment

c. 79, § 7. Taking by private corporations; award of damages; time of payment Section 7. When a taking is made on behalf of a railroad corporation, the damages shall be awarded by the county commissioners of the county in which the land taken lies, upon the petition of such corporation or of any person entitled thereto, if filed within one year of the date when the taking is recorded. When the taking is made on behalf of a private corporation other than a railroad corporation the damages shall be awarded by the aldermen of the city, or the selectmen of the town, in which the land taken lies, upon the petition of such corporation or of any person entitled thereto, if filed within one year of the date when the taking is recorded; provided, that there shall be no award of the damages caused by the taking of land or other acts performed in the abolition or alteration of a grade crossing under chapter one hundred and fifty-nine, but the amount of such damages may be agreed upon by the party primarily liable therefor and any person entitled thereto. A petition for an award of damages under this section may be filed in the office of the board having jurisdiction of the subject matter thereof at any time within the period herein limited, but no petition shall be received or damages awarded under this section after a petition with respect to the same subject matter has been filed in the superior court under section fourteen.

M.G.L. c. 79, § 7A Appraisal as pre-requisite to payment of damages

c. 79, § 7A. Appraisal as pre-requisite to payment of damages Section 7A. An award of damages made pursuant to section six or section seven shall not be made until at least one appraisal has been made in accordance with section twelve on behalf of the taking authority and filed therewith; unless all persons entitled to damages by reason of the taking shall have made a prior written request of the taking authority that the taking be made without awaiting such appraisal and filing, in which event the taking authority may award only nominal damages at the time of adoption of the order but shall, within four months after the taking and after such appraisal is made and filed, amend the award of damages to reflect the damages sustained, and shall immediately after such amendment given written notice thereof to the same persons and in the same manner of service specified by section seven C and, notwithstanding any contrary provision of law, any interest either on damages or on the excess of any payment or deposit made by the taking authority over damages subsequently assessed shall run only from the date of such amendment or the expiration of such four months, whichever is earlier. Notwithstanding the foregoing, no appraisal shall be made by the taking authority if all persons entitled to damages by reason of such taking waive, in writing, their right to any damages.

M.G.L. c. 79, § 7B Payment of damages; execution of necessary documents; time of issuance of checks

c. 79, § 7B. Payment of damages; execution of necessary documents; time of issuance of checks Section 7B. Immediately after the right to damages becomes vested, the board of officers who have made a taking under this chapter shall do all things and execute all documents necessary and within their lawful authority for the prompt payment of all damages awarded in the order of taking. In the event that authority to make or approve such payments, or to perform any act necessary thereto, is conferred by law upon any person other than said board of officers, such person shall do all things and execute all documents necessary and within his lawful authority for such prompt payment. Any check for the payment of such damages shall be issued either within sixty days after the right thereto becomes vested, or within fifteen days after demand therefor by any person entitled thereto is made, as said board of officers shall determine, and shall, except as provided in section seven D, be made immediately available to the persons entitled thereto at such time and place as may be designated by said board of officers.

M.G.L. c. 79, § 7C Notice of taking and amount of damages; contents; service

c. 79, § 7C. Notice of taking and amount of damages; contents; service Section 7C. Immediately after the right to damages becomes vested, the board of officers who have made a taking under this chapter shall give notice thereof to every person, including every mortgagee of record, whose property has been taken or who is otherwise entitled to damages on account of such taking. Such notice shall be in writing and shall describe in general terms the purpose and extent of the taking, and shall state the amount of damages, if any, awarded for such taking and the time and place at which he may obtain payment thereof, or, if no damages have been awarded, the time within which he may petition for an award of the same, and the time within which he may petition the superior court to determine his damages under section fourteen. Such notice may be served by personal service, or by leaving an attested copy thereof at the last and usual place of abode of the person to be notified if he is a resident of the commonwealth, by any person authorized to serve civil process, or notice may be given to persons within or without the commonwealth, by registered mail or other suitable means. Failure to give notice shall not affect the time within which a petition for damages may be filed, except as provided by section sixteen.

M.G.L. c. 79, § 7D Unknown persons or persons under legal disability; manner of payment of damages; apportionment of damages; deposits

c. 79, § 7D. Unknown persons or persons under legal disability; manner of payment of damages; apportionment of damages; deposits Section 7D. If the board of officers by whom a taking has been made is unable, upon reasonable investigation, to determine the name of any person entitled to damages awarded under section six, or if said board of officers determines that any person entitled to such damages is under a legal disability from receiving payment thereof, any check on account of such damages shall be made payable to the treasurer or other officer having like powers of the body politic or corporate on behalf of which such taking has been made, hereinafter in this section and in section seven E called the treasurer, and deposited with him for the benefit of the person or persons entitled thereto. If said board of officers determines that damages awarded under section six should be apportioned between two or more persons having an estate or interest in a single parcel of land, any check on account of such damages may be made payable to the treasurer and deposited with him for the benefit of the persons entitled thereto. The treasurer shall deposit any such check in a savings bank or other like institution, or in savings accounts in a trust company, or invest the same in share accounts in a federal savings and loan association or a savings and loan association located in the commonwealth, or in investments described in section thirty-eight of chapter twenty-nine, to accumulate for the benefit of the person or persons entitled thereto. Such deposit or investment shall be made in the name of the treasurer. When the person entitled to such amount or any portion thereof satisfies said board of officers of his right to receive it, said board of officers shall, after such notice as it may order, order such amount or portion thereof, or the proceeds of its investment, to be transferred to him by the treasurer. Amounts deposited or invested under this section shall be subject to the provisions of chapter two hundred A, relating to unclaimed and abandoned property, and the treasurer shall, insofar as practicable, make such reports and give such notice concerning the same as are required respectively by sections seven and eight of said chapter two hundred A. No action by a taking authority under the provisions of this section shall be construed so as to prevent or delay the operation of section sixteen.

M.G.L. c. 79, § 7E Unclaimed checks

c. 79, § 7E. Unclaimed checks Section 7E. If any check issued in accordance with section seven B remains unclaimed by any person entitled thereto for a period of sixty days after notice in accordance with section seven C, such check shall be withdrawn and a new check issued in like amount. Such new check shall be made payable to the treasurer and shall be deposited, held and disposed of in accordance with section seven D.

M.G.L. c. 79, § 7F Copies of notice or notice of deposit; sending to tax collectors

c. 79, § 7F. Copies of notice or notice of deposit; sending to tax collectors Section 7F. The board of officers shall, immediately upon giving notice in accordance with section seven C or upon depositing a check in accordance with sections seven D or seven E, send a copy of such notice or of notice of such deposit, as the case may be, to the collector of taxes of the city or town in which the land to which such notice or petition pertains is located.

M.G.L. c. 79, § 7G Receipt of payment or deposit; effect; recovery of interest; refund of overpayment; recovery of payment made to person not entitled thereto

c. 79, § 7G. Receipt of payment or deposit; effect; recovery of interest; refund of overpayment; recovery of payment made to person not entitled thereto Section 7G. A person who receives a payment in accordance with section seven B, or who withdraws an amount deposited in accordance with section seven D, may accept the same without prejudice to or waiver of any right to claim a larger sum by proceeding before an appropriate tribunal. No interest shall be recovered except upon such amount of damages as shall, upon final adjudication, be in excess of the amount of such payment or amount deposited. In the event that the amount of such payment or deposit shall prove to be in excess of damages subsequently assessed by an appropriate tribunal, the petitioner shall be ordered by a proper decree to refund to the body politic or corporate an amount equal to the difference between the amount of such payment or deposit and the damages subsequently assessed, plus costs and interest at the rate of six per cent per annum from the date as of which damages were assessed. In the event that a payment is made to a person not entitled thereto, the body politic or corporate may recover the same from such person in an action at law or by bill in equity, and the board of officers, upon recovery of such payment, shall dispose of the same in accordance with section seven B or section seven D, as said board of officers shall determine.

M.G.L. c. 79, § 7H Payment of damages of less than $2000 to prevent hardship notwithstanding title deficiencies

c. 79, § 7H. Payment of damages of less than $2000 to prevent hardship notwithstanding title deficiencies Section 7H. If the board of officers who have made a taking under this chapter are unable to make or approve prompt payment of all damages awarded in the order of taking as provided for under section seven B because of legal deficiencies in the title of the property subject to said order of taking, and if the total amount of the award for damages awarded under said order of taking is less than two thousand dollars, then said board of officers or any other person authorized to make or approve such payment are hereby authorized wherever feasible to make or approve such payment in order to prevent a hardship on the person or persons in whom the right to damages has vested.

M.G.L. c. 79, § 8 Repealed, 1964, 579, Sec. 4

M.G.L. c. 79, § 8A Offer of settlement; payment pro tanto; refund of excess

c. 79, § 8A. Offer of settlement; payment pro tanto; refund of excess Section 8A. The board of officers who have made a taking under this chapter shall, prior to the expiration of sixty days subsequent to the recording of the order of taking, offer in writing to every person entitled to damages on account of such taking a reasonable amount which such board is willing to pay, either in settlement under section thirty-nine of all damages for such taking with interest thereon, together with taxable costs, if any, or as a payment pro tanto. If such person elects to accept the offer as a pro tanto payment, such election shall be without prejudice to or waiver or surrender of any right to claim a larger sum by proceeding before an appropriate tribunal. If such tribunal shall assess damages in an amount less than the amount actually paid as a pro tanto payment, the petitioner shall be ordered by a proper decree to refund to the body politic or corporate an amount equal to the difference between the pro tanto payment and the amount of damages so found by such tribunal, plus costs and interest at the rate calculated pursuant to the provisions of section thirty-seven from the date when such damages were assessed. After a pro tanto payment has been made or after an offer of payment has been made in writing as required by this section and not accepted, no interest shall be recovered except upon such amount of damages as shall upon final adjudication be in excess of said payment or in excess of the written offer of payment as herein described; provided, however, that all taxable costs accruing subsequently to such payment or to such written offer of payment shall be recoverable by the petitioner if the adjudicated damages exceed such payment or such offer, otherwise the petitioner shall be liable for and pay such costs.

M.G.L. c. 79, § 8B Time for vacation of dwellings

c. 79, § 8B. Time for vacation of dwellings Section 8B. No person in possession of property which has been taken under the provisions of this chapter shall be required to vacate any portion of such property which is being used by him as a dwelling place or place of business at the time the order of taking is made until four months after notice of such taking has been given to him in accordance with the provisions of section seven C. No tenant or lessee in possession of property which has been taken under the provisions of this chapter, but who is not entitled to notice of such taking under the provisions of section seven C, shall be required to vacate any portion of such property which is being used by him as a dwelling place or place of business at the time the order of taking is made until four months after notice of such taking has been given him in writing by certified mail, by personal service, or by leaving an attested copy thereof at his last and usual place of abode, if he is a resident of the commonwealth, or at the portion of the property taken which is so used by him.

M.G.L. c. 79, § 9 Injuries to realty caused by improvements not constituting a taking

c. 79, § 9. Injuries to realty caused by improvements not constituting a taking Section 9. When injury has been caused to the real estate of any person by the establishment, construction, maintenance, operation, alteration, repair or discontinuance of a public improvement which does not involve the taking of private property, and he is entitled to compensation by law for such injury, if such establishment, construction, maintenance, operation, alteration, repair or discontinuance was effected by or in accordance with a formal vote or order of the board of officers of a body politic or corporate duly authorized by law, the damages shall be awarded, determined and collected and notice of the order shall be given in the same manner as if there had been a taking of property on behalf of such body politic or corporate under section one. In case such establishment, construction, maintenance, operation, alteration, repair or discontinuance is an improvement for which betterments may be assessed, such vote or order shall state whether betterments are to be assessed therefor. The damages shall be assessed as of the date when the vote or order is adopted, but the right to damages shall not vest and the damages shall not be paid until the work which caused the injury has been completed, or until the public improvement which has been discontinued has ceased to be open to public use, or, in the case of injury to any water, water source or water or flowage right, until the water is actually withdrawn or diverted, and if the order does not go into effect, or is rescinded or altered, only so much of the damages shall be paid as has been actually sustained.

M.G.L. c. 79, § 10 Damages for injuries to property caused by acts in pais

c. 79, § 10. Damages for injuries to property caused by acts in pais Section 10. When the real estate of any person has been taken for the public use or has been damaged by the construction, maintenance, operation, alteration, repair or discontinuance of a public improvement or has been entered for a public purpose, but such taking, entry or damage was not effected by or in accordance with a formal vote or order of the board of officers of a body politic or corporate duly authorized by law, or when the personal property of any person has been damaged, seized, destroyed or used for a public purpose, and by such taking, damage, entry, seizure, destruction or use he has suffered an injury for which he is entitled to compensation, the damages therefor may be recovered under this chapter. If the injury was caused by or on behalf of the commonwealth or of a county, city, town or district, the officer or board of officers under whose direction or control the injury was caused shall award the damages upon the petition of any person entitled thereto. If the injury was caused by a railroad corporation, the county commissioners of the county in which the property taken, damaged, entered upon, seized, destroyed or used was located, and, if the injury was caused by a private corporation other than a railroad, the aldermen of the city or the selectmen of the town in which such property was located, shall award the damages upon the petition of any person entitled thereto or of the corporation liable therefor. In case of a specific taking, entry, seizure or other act causing destruction or damage or depriving the owner of the use of his property permanently or for a definite period of time the damages shall be assessed as of the date of such taking, entry, seizure or other act and the right thereto shall vest on such date and a petition for an award of damages therefor under this section may be filed within one year thereafter; otherwise damages shall be assessed with respect to any parcel of property as of the date when such property was first injuriously affected, the right thereto shall vest upon the completion of the public improvement which caused the injury, and a petition for an award of damages therefor under this section may be filed within one year after such completion.

M.G.L. c. 79, § 10A Payment of damages; enforcement of provisions of certain sections; petition for writ of mandamus

c. 79, § 10A. Payment of damages; enforcement of provisions of certain sections; petition for writ of mandamus Section 10A. Compliance with the provisions of sections six, seven, seven A, seven B, seven C, seven D, eight A, nine, ten and thirty-six A may be enforced against any person having a duty of compliance therewith by writ of mandamus issued upon the petition of any person adversely affected by noncompliance therewith. The body politic or corporate on behalf of which the taking was made shall be joined in any such petition, and the petitioner may recover therefrom in the same proceeding damages sustained by reason of such noncompliance, with costs. Notwithstanding the foregoing provisions, noncompliance with said sections six, seven, seven A, seven B, seven C, seven D, eight A, nine and ten shall not affect the validity of the proceedings under this chapter.

M.G.L. c. 79, § 11 Land lying in more than one governmental unit; petition for award of damages

c. 79, § 11. Land lying in more than one governmental unit; petition for award of damages Section 11. If a single parcel of land taken or injured by a private corporation lies in more than one county or in more than one town, a petition for an award of damages under section seven may be made to the appropriate board of officers of either of such counties or of either of such towns. The board of officers to whom petition is first made shall have exclusive jurisdiction thereof, and shall award said damages as though the land lay entirely in one county, or in one town. If land injured by a public improvement lies outside the commonwealth, the petition may be made to the board which would have jurisdiction if it lay in the same county, or in the same town, as such public improvement.

M.G.L. c. 79, § 12 Measure of damages; federal reimbursement

c. 79, § 12. Measure of damages; federal reimbursement Section 12. The damages for property taken under this chapter shall be fixed at the value thereof before the recording of the order of taking, and in case only part of a parcel of land is taken there shall be included damages for all injury to the part not taken caused by the taking or by the public improvement for which the taking is made; and there shall be deducted the benefit accruing to the part not taken unless it was stated in the order of taking that betterments were to be assessed. In determining the damages to a parcel of land injured when no part of it has been taken, regard shall be had only to such injury as is special and peculiar to such parcel, and there shall be deducted the benefit accruing to such parcel, unless it was stated in the order of taking, or if there was no taking in the order for the establishment, construction, alteration, repair or discontinuance of the public improvement which caused the injury, that betterments were to be assessed. Whenever the title or interest taken is such that the property will be exempt from taxation so long as it is held and used for the purpose for which it is taken, the damages for the taking shall include an amount or amounts separately determined and stated which shall be estimated to be equal to that portion of the tax assessed upon the property for the fiscal year in which it is taken which, if the tax were apportioned pro rata according to the number of days in such fiscal year, would be allocable to the days ensuing after the taking, and an additional amount equal to the tax assessed against the property for the ensuing fiscal year, if the taking is made between January first and June thirtieth inclusive. Notwithstanding the other provisions of this section, in a program eligible for federal financial assistance, whenever the federal government authorizes a federal agency to allow a measure of damage, or other standard for payments to owners of property taken which would increase the payments to said owners over the measure of damages set forth hereunder, then in such cases the measure of damages shall be the measure of damages set forth hereunder plus any such increase, provided that the taking agency will receive partial or full reimbursement from the federal government for such increase.

M.G.L. c. 79, § 12A Property taken diminished in value by disaster; full compensation; determination of fair market value; time limit

c. 79, § 12A. Property taken diminished in value by disaster; full compensation; determination of fair market value; time limit Section 12A. Notwithstanding any special or general law to the contrary, if property which is known to be subject to an imminent taking under this chapter is diminished in value by a disaster as determined by the President of the United States pursuant to section 102 of the Disaster Relief Act of 1970, 42 U.S.C. 4402(1), prior to or within two years after the recording of such order of taking, the damages for such property not compensated by insurance or otherwise shall be fixed at the fair market value prior to the time of the disaster. If property diminished in value by such a disaster is not subject to the original notice of taking but, within said two years, is included within such order of taking, damages for such property shall also be fixed at the fair market value prior to the time of the disaster.

M.G.L. c. 79, § 13 Buildings and trees on land taken

c. 79, § 13. Buildings and trees on land taken Section 13. If there are trees upon or structures affixed to the land taken which are not included in the taking, the owner may remove the same, but the damages shall include the value thereof, so far as they enhance the value of the land, and the value thereof for purposes of removal shall be deducted from the damages. If part of a parcel to which structures are affixed is taken, the damages shall include the value of all structures upon such parcel so far as they enhance the value of the land, deducting therefrom the value of all structures or parts thereof left standing on the part not taken, and, if the taking did not include the structures, the value for purposes of removal of the structures upon the part taken. If the owner of trees upon land taken refuses or neglects to remove them within the time specified in the order of taking, he shall be deemed to have relinquished his rights thereto. If the owner of structures upon land taken refuses or neglects to remove them within the time specified in the order of taking, the officers having the direction and control of the public improvement in connection with which the taking was made shall sell such structures at public auction, after five days' notice of such sale, and hold the proceeds for the benefit of such owner, and the expenses of such sale shall be deducted from the owner's damages; but if such property is of less value than the estimated expense of such sale no sale need be made. In that case, or if at the sale no person bids for such property, the owner thereof shall be held to have relinquished his right thereto. If the owner of personal property lying upon land taken refuses or neglects to remove it after reasonable notice in writing from the officers having the direction and control of the public improvement in connection with which the taking was made, he shall be held to have relinquished his right thereto.

M.G.L. c. 79, § 14 Petition to superior court

c. 79, § 14. Petition to superior court Section 14. A person entitled to an award of his damages under this chapter or the body politic or corporate bound to pay the same, whether a petition has or has not been filed or award made under section six, seven, nine or ten, may petition for the assessment of such damages to the superior court of the county in which the property taken or injured was situated. If a single parcel of land so taken or injured lies in more than one county, the petition may be filed in the superior court of either such county, and the court in which such petition is first filed shall have exclusive jurisdiction thereof and shall assess damages as though the land lay entirely in one county; provided, that if a petition for damages has previously been filed under section eleven, the petition to the superior court shall be filed in the same county. If the land injured lies outside the commonwealth, such petition shall be filed in the superior court of the county in which the public improvement which caused the injury is situated.

M.G.L. c. 79, § 15 Repealed, 1936, 385, Sec. 1

M.G.L. c. 79, § 16 Time for filing petition

c. 79, § 16. Time for filing petition Section 16. A petition for the assessment of damages under section fourteen may be filed within three years after the right to such damages has vested; but any person, including every mortgagee of record, whose property has been taken or injured, and who has not received notice under section eight or otherwise of the proceedings whereby he is entitled to damages at least sixty days before the expiration of such three years, may file such petition within six months after the taking possession of his property or the receipt by him of actual notice of the taking, whichever first occurs, or, if his property has not been taken, within six months after he first suffers actual injury in his property.

M.G.L. c. 79, § 17 Time for filing petition when original proceedings quashed

c. 79, § 17. Time for filing petition when original proceedings quashed Section 17. If a person petitions for an award or assessment of his damages within the time limited by law, or is a party to such petition by another person, and the petition is quashed, abated or otherwise avoided or defeated for any inaccuracy, irregularity or matter of form, or if, after verdict for such petitioner or other party, the judgment is arrested or reversed on a writ of error, or the proceedings are quashed on certiorari, such petitioner or other party may begin such proceedings anew within one year after such abatement, reversal or other determination.

M.G.L. c. 79, § 18 Time for filing petition when validity of taking is contested

c. 79, § 18. Time for filing petition when validity of taking is contested Section 18. If a suit, in which the right of a body politic or corporate to effect a particular public improvement or to make a particular taking is drawn in question, is brought within the time for filing a petition to the proper tribunal for an award or assessment of the damages caused by such improvement or taking, or within six months after the determination of an earlier suit involving the same question, brought within the time for filing such petition, which failed for want of jurisdiction, defect of form or other like cause not decisive of the merits of the controversy, the petition may be filed within six months after the final determination of such suit.

M.G.L. c. 79, § 19 Time for filing petition if improvement delayed by law

c. 79, § 19. Time for filing petition if improvement delayed by law Section 19. If the time for locating or constructing a public improvement by a private corporation shall be extended by statute, all unsettled claims against the corporation for damages to land shall be revived, and the claimants for such damages may petition to the proper tribunal within one year after the taking effect of such statute. This section shall not apply to cases in which, by reason of a defect in the original location of a public improvement already constructed, there has been a new location thereof.

M.G.L. c. 79, § 20 Petition by guardian, conservator or trustee

c. 79, § 20. Petition by guardian, conservator or trustee Section 20. If damages may be recovered under this chapter for the taking of or injury to property of a person under guardianship or conservatorship or property held in trust, the guardian, conservator or trustee may petition for and recover, and may release all such damages in like manner as if the land or other property were held in his own right.

M.G.L. c. 79, § 21 Procedure on death of person entitled to damages

c. 79, § 21. Procedure on death of person entitled to damages Section 21. If a person who is entitled to petition for an award or assessment of his damages under this chapter dies without filing such petition within the time limited therefor, his executor or administrator may within one year from the date of his appointment file such petition in the same manner and with the same effect as if filed by the deceased in his lifetime.

M.G.L. c. 79, § 22 Pleading and procedure; entry of judgment

c. 79, § 22. Pleading and procedure; entry of judgment Section 22. A complaint brought under section fourteen shall name all parties adversely interested who are known to the petitioner, and process shall issue and service be made in accordance with the Massachusetts Rules of Civil Procedure. Any defense to the petition not relating to the amount of damages shall be pleaded within thirty days after the service of process; provided that no answer relating solely to the amount of damages shall be filed by any party and no person shall be defaulted for failure to enter an appearance. All matters pertaining to the litigation shall be heard by a judge in the superior court department, and there shall be one trial before a jury, unless all parties waive trial by jury and file a written agreement requesting a trial without a jury. Interrogatories may be filed with the same effect as in other civil actions. In case of trial by jury, if either party requests it, the jury shall view the premises. Judgment shall be entered and execution issued as in other civil actions, except that if final judgment is entered in favor of the plaintiff against the commonwealth for damages, the clerk of the superior court for the county where such judgment is entered shall, within seven days after the final disposition of the case and the expiration of all rights to appeal therefrom, transmit a certified copy of the docket entries and a certificate of such judgment showing the amount due from the commonwealth, to the comptroller who shall notify the governor. The governor shall draw his warrant for such amount on the state treasurer, who shall pay the same, with such interest as is authorized by section thirty-seven.

M.G.L. c. 79, § 23 Petition of persons holding different interests in same property

c. 79, § 23. Petition of persons holding different interests in same property Section 23. If joint tenants, or tenants in common, or other persons having joint or several estates or interests in a single piece of property sustain damages in such property which are recoverable under this chapter, they may join in any petition to recover the damages thereby incurred, or any one or more of them may petition for his or their damages, subject to sections twenty-four to thirty-three, inclusive.

M.G.L. c. 79, § 24 Damages sustained by tenant for life or years and remaindermen; trust

c. 79, § 24. Damages sustained by tenant for life or years and remaindermen; trust Section 24. If a tenant for life or for years and the remainderman or reversioner sustain damages which are recoverable under this chapter, by the taking of their property by eminent domain or by injury thereto under authority of law, or if property so taken or injured is encumbered by a contingent remainder, executory devise or power of appointment, entire damages shall be assessed without apportionment thereof, and shall be paid to, or be recoverable by, any person whom the parties may appoint, and be held in trust by him for their benefit according to their respective interests. The trustee shall, from the income thereof, pay to the reversioner or remainderman the value of any annual rent or other payment which would, but for such damages, have been payable by the tenant, and the balance thereof to such tenant during the period for which his estate was limited, and upon its termination, he shall pay the principal to the reversioner or remainderman.

M.G.L. c. 79, § 25 Amount of damages placed in trust; damages special to separate estate

c. 79, § 25. Amount of damages placed in trust; damages special to separate estate Section 25. The amount so to be placed in trust shall include only the damages assessed to the whole property; and any damage special to a separate estate therein, and all interest or other earnings which accrue between the taking and the receipt by the trustee of the damages to the whole property, shall be awarded in the same proceedings separately.

M.G.L. c. 79, § 26 Trustees for persons with legal disability; appointment; bond

c. 79, § 26. Trustees for persons with legal disability; appointment; bond Section 26. If a person having an interest in such property is, by reason of legal disability, incapable of choosing a trustee, or is unascertained or not in being, or if the parties cannot agree upon a choice, the probate court of the county in which the property is situated shall, upon application of the board of officers of the body politic or corporate whose duty it is to award the damages, or of any person interested or of any other person, acting in behalf of such persons, whether in being or not, as may by any possibility be or become interested in said property, appoint a trustee, who shall give to the judge of probate a bond with such sureties and in such sum as the judge may order, conditioned for the faithful performance of his duties.

M.G.L. c. 79, § 27 Persons holding unusual interests; right to petition

c. 79, § 27. Persons holding unusual interests; right to petition Section 27. If there are several parties, who have several estates in the same property at the same time, other than the estates and interests for which provision is made in section twenty-four, and the property is taken in whole or in part or receives injury for which damages are recoverable under this chapter, and one of such parties petitions the superior court to ascertain his damages, the other parties may become parties to the proceedings under such petition, and the damages of all of them may be determined together, in the manner provided in the three following sections.

M.G.L. c. 79, § 28 Notice to other holders of interests

c. 79, § 28. Notice to other holders of interests Section 28. Upon such petition, the court may order the petitioner to give notice thereof to all the other parties interested, by serving each of them with an attested copy of such petition and the order thereon fourteen days before the next return day, in order that the other parties may appear and become parties to the proceedings under the petition.

M.G.L. c. 79, § 29 Award to persons holding different interests; apportionment

c. 79, § 29. Award to persons holding different interests; apportionment Section 29. If, on such petition, the court or jury find any of the parties entitled to damages, there shall first be found and set forth the total amount of damages sustained by the owners of such property, estimating the same as an entire estate and as if it were the sole property of one owner in fee simple; and such damages shall then be apportioned among the several parties who are found to be entitled thereto, in proportion to their several interests and to the damages sustained by them, respectively, and such apportionment shall be set forth in the finding or verdict; and if it is found that any party has not sustained damage, it shall be set forth in the finding or verdict that he is awarded no damages. The finding or verdict shall be conclusive upon all parties interested who have become parties to the petition.

M.G.L. c. 79, § 30 Appointment of guardian ad litem or trustee

c. 79, § 30. Appointment of guardian ad litem or trustee Section 30. If it appears in any proceedings under the seven preceding sections that an interest in such property is unrepresented by reason of a contingency or other cause by which the owner thereof is unknown or cannot then be ascertained, or because of the disability of such owner, a guardian ad litem to represent such interest may be appointed by the tribunal in which such proceedings are pending; or the judge of probate for the county in which such proceedings are pending may, upon petition of any party in interest, after such notice as he may order to all persons who, or whose issue unborn may be or may become interested in such apportionment, appoint a trustee, who, upon giving such bond as the judge of probate requires, shall represent such interest, and shall receive, manage and invest any money receivable on account thereof, for the benefit of the parties entitled thereto, and shall pay the principal and interest thereof to such parties when entitled thereto. Such guardian ad litem or trustee shall be allowed such costs, including counsel fees, as may be ordered by the court in which such proceedings are finally determined, to be paid from the damages apportioned to the interest which he represents.

M.G.L. c. 79, § 31 Petition by tenant in possession of encumbered property

c. 79, § 31. Petition by tenant in possession of encumbered property Section 31. The tenant in possession of property which is encumbered by a contingent remainder, executory devise or power of appointment may, subject to section sixteen, petition the superior court for the assessment of damages; and if he fails so to petition within the first six months of the year allowed by said section, a trustee under section twenty-four or section twenty-six may within the remaining six months thereof petition therefor.

M.G.L. c. 79, § 32 Mortgaged land; procedure

c. 79, § 32. Mortgaged land; procedure Section 32. If property which is taken in whole or in part by eminent domain or receives injury, for which damages are recoverable under this chapter, is mortgaged, both the mortgagor and the mortgagee, in addition to their rights under the mortgage, shall have the same powers, rights and privileges, and be subject to the same liabilities and duties, as are provided in this chapter for owners of property so taken or injured, and all petitions for the award or assessment of such damages shall state all mortgages which are known by the petitioner to exist upon the property. Mortgagors and mortgagees may join in any such petition, or become parties to any proceedings for the award or assessment of damages under this chapter, and, if the petition is filed by a mortgagor or mortgagee of property taken or injured, the tribunal to which it is presented shall order the petitioner to give notice thereof to all other mortgagors or mortgagees of the same property by serving on each of them, fourteen days at least before the time of hearing, an attested copy thereof and of the order thereon, that they may become parties to the proceedings.

M.G.L. c. 79, § 33 Apportionment of damages between mortgagors and mortgagees

c. 79, § 33. Apportionment of damages between mortgagors and mortgagees Section 33. If mortgagors or mortgagees begin or become parties to such proceedings, entire damages shall, upon final judgment, be assessed for the property taken, and such portion thereof as is equal to the amount then unpaid thereon shall be ordered to be paid to every mortgagee who is a party, in the order of his mortgage, and the remainder to the mortgagor; and separate judgment shall be entered accordingly for each mortgagee, who shall hold his judgment in trust, first, with any proceeds realized thereon, to satisfy his mortgage debt, and, after such debt is in any way satisfied, to assign the judgment or pay over any remainder of the proceeds to the mortgagor or other person entitled thereto.

M.G.L. c. 79, § 34 Request for speedy trial

c. 79, § 34. Request for speedy trial Section 34. Upon the filing of a petition under section fourteen by or against the commonwealth or a county, city, town or district or any other legal entity which is authorized under the provisions of any general or special law to take property in whole or in part or of any interest therein by eminent domain, the court shall, at the request of any party to the proceeding, advance the same so that it may be heard and determined with as little delay as possible.

M.G.L. c. 79, § 35 Evidence of assessed or fair market value of property; admissibility

c. 79, § 35. Evidence of assessed or fair market value of property; admissibility Section 35. The valuation made by the assessors of a town for the purposes of taxation for the three years next preceding the date of the taking of or injury to real estate by the commonwealth or by a county, city, town or district under authority of law may, in proceedings, brought under section fourteen to recover the damages to such real estate, the whole or part of which is so taken or injured, be introduced as evidence of the fair market value of the real estate by any party to the suit; provided, however, that if the valuation of any one year is so introduced, the valuations of all three years shall be introduced in evidence; and provided, further, that no such valuation shall be so introduced as such evidence unless within the five years preceding such taking or injury there has been a comprehensive revaluation of the real estate of the town and the valuation or valuations sought to be introduced are valuations assessed after such comprehensive revaluation.

M.G.L. c. 79, § 35A Apportionment of taxes

c. 79, § 35A. Apportionment of taxes Section 35A. In case of a trial by jury in a proceeding brought under section fourteen, the amount, if any, to which the petitioner is entitled by reason of the tax assessed upon the property in the year in which it was taken, as provided in section twelve, shall be separately determined by the court, either upon stipulation of the parties or upon evidence received, after the jury has rendered its verdict.

M.G.L. c. 79, § 36 Discontinuance of petition

c. 79, § 36. Discontinuance of petition Section 36. No petition brought under section fourteen shall be discontinued except by leave of court or by agreement of all the parties thereto; and any party thereto may prosecute the same.

M.G.L. c. 79, § 36A Payment of damages after exhaustion or waiver of right to appeal

c. 79, § 36A. Payment of damages after exhaustion or waiver of right to appeal Section 36A. The body politic or corporate against which an award is made under section seven, nine or ten, or against which a judgment is entered under section fourteen, shall, within thirty days after all rights of appeal therefrom have been exhausted or waived, make payment in accordance with such award or judgment.

M.G.L. c. 79, § 37 Interest on award of damages

c. 79, § 37. Interest on award of damages Section 37. Damages under this chapter shall bear interest at the rate calculated pursuant to the provisions of this section from the date on which the right to damages under this chapter vested until paid, except that an award shall not bear interest after it is payable unless the body politic or corporate liable therefor fails upon demand to pay the same to the person entitled thereto. Interest shall be added by the clerk of the court to the damages expressed in a verdict, finding, or order for judgment. A judgment, whether against the commonwealth or any other body politic or corporate, shall bear interest at the rate calculated pursuant to the provisions of this section from the date of the entry of such judgment to and including the last day of the month prior to the month in which such judgment is satisfied, except that a judgment against the commonwealth shall not bear interest if it is satisfied within thirty days of such entry. Where the period for which prejudgment interest is owed is not more than one year, such interest shall be calculated at an annual rate equal to the weekly average one-year constant maturity treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the date on which the right to damages under this chapter vested. Where the period for which prejudgment interest is owed is more than one year, such interest for the first year shall be calculated in accordance with the preceding sentence, and such interest for each additional year shall be calculated on the principal amount due at an annual rate equal to the weekly average one-year constant maturity treasury yield, as published by the board of governors of the Federal Reserve System, for the calendar week preceding the beginning of each additional year. Post–judgment interest shall be calculated in the same manner as pre-judgment interest, but using, in the first year after judgment, the rate for the calendar week preceding the date on which judgment entered, and in any additional year, the rate for the calendar week preceding the beginning of such additional year. The secretary of administration and finance shall maintain a schedule of the rates described herein for distribution, upon request, to all clerks of courts and all board of officers upon whom authority to take real estate by eminent domain under this chapter on behalf of any body politic or corporate that has been conferred by law.

M.G.L. c. 79, § 38 Costs

c. 79, § 38. Costs Section 38. In all proceedings before county commissioners under this chapter, section eighteen of chapter thirty-four shall be applicable. In all proceedings brought under section fourteen, if a petition is filed after an award of damages has been made and the damages are increased, or if no award has been made and the petitioner is found to be entitled to damages, he shall recover costs, which shall be taxed as in actions at law; otherwise he shall pay costs.

M.G.L. c. 79, § 39 Settlement and tender; interest

c. 79, § 39. Settlement and tender; interest Section 39. Whenever damages may be recovered under this chapter, the body politic or corporate liable for such damages may after the right to such damages has become vested effect such settlement of the damages with the person entitled thereto as it may deem to be for its best interests, and it may as one of the terms of the settlement of a claim for damages growing out of the proceedings in respect of which betterments have been or are to be assessed agree in writing with the owner of the land assessed to assume such betterments. Every settlement under this section shall be in writing and in full satisfaction of all damages for such taking with interest thereon and taxable costs, if any. After approval of such settlement by the board of officers who made the taking for which damages are sought, or after acceptance of an offer of such settlement by the person seeking such damages, whichever occurs later, the amount of such settlement shall bear interest at the rate calculated pursuant to the provisions of section thirty-seven from the date of such settlement to and including the last day of the month prior to the month in which payment thereof is made or tendered.

M.G.L. c. 79, § 40 Taking by private corporations; security for damages

c. 79, § 40. Taking by private corporations; security for damages Section 40. Before a taking is made or injury inflicted by a private corporation for which damages may be recovered under this chapter, such corporation shall give to the board of officers by whom such damages are to be awarded security to their satisfaction for the payment of all damages and costs which may be awarded by them or by the court for the land or other property taken or injured; and if, upon petition of the owner and notice to the adverse party, any security taken appears to them to have become insufficient, they shall require the corporation to give further security to their satisfaction. If the corporation fails to comply with this section any person entitled to such damages may treat the taking of his property or the proceedings by which the right to inflict injury thereon was acquired as void and any interference by such corporation with the use and enjoyment of his property as unlawful.

M.G.L. c. 79, § 41 Finality of award; remedy for collection

c. 79, § 41. Finality of award; remedy for collection Section 41. If no petition under section fourteen is filed within the time limited, the award of damages shall be final and the amount thereof shall be paid upon demand, and if not so paid may be recovered in an action of contract.

M.G.L. c. 79, § 42 Remedies to enforce payment by private corporations

c. 79, § 42. Remedies to enforce payment by private corporations Section 42. If a private corporation has erected or laid poles, wires, pipes, rails or other structures in a public way, for the construction, operation or maintenance of which damages may be recovered from such corporation under this chapter by the owners of any interest in land abutting upon such way, and such corporation does not pay such damages to an owner of any such interest after they have been finally determined and within thirty days after demand, the mayor of the city or the selectmen of the town in which such structures are located may, upon request of such owner, remove all the structures of such corporation from that portion of the public way upon which the land in which such person has an interest abuts, first leaving a written statement at the office of such corporation in such city or town of the time when and place from which they intend to remove such structures, not less than forty-eight hours prior to such removal. If such corporation has no office in such town, such notice shall be deposited in the post office, postage prepaid, and directed to such corporation at its principal office in the commonwealth. The town so removing any such structures may recover the expense thereof of such corporation. This section shall not prevent such owner from collecting the damages assessed.

M.G.L. c. 79, § 43 Right less than fee; effect of abandonment on award of damages

c. 79, § 43. Right less than fee; effect of abandonment on award of damages Section 43. When any easement or other right less than the fee which has been taken by eminent domain has been abandoned in accordance with law before the damages accruing from such taking have been finally determined, the fact of such abandonment may be considered in reduction of damages in any proceedings under this chapter for the award or assessment thereof.

M.G.L. c. 79, § 44 Taking by United States

c. 79, § 44. Taking by United States Section 44. If the agents of the United States and the persons owning or interested in any property which is required for any purposes for which the United States is authorized to take property by eminent domain cannot agree upon the price to be paid for the interest of such persons therein, the United States may file a petition in the superior court for the county in which such property lies, praying for the condemnation of such property. Such petition shall contain a description of the property to which it relates, sufficiently accurate for identification, and a statement of the purpose for which it is sought to be taken. If the court, after notice to all parties interested, finds that the United States has the right to take such property by eminent domain, it shall determine the value thereof in accordance with this chapter, so far as it is applicable. If such value with costs and reasonable expenses to be taxed by the court is, within thirty days after final determination thereof, paid or tendered to said owners or parties interested, or in case of their neglect or refusal to receive the same, if it is paid to the commonwealth for their use and subject to their order, a decree of condemnation shall be entered by the court, and, if the property taken consists of real estate, a copy of the decree shall be recorded in the registry of deeds of every county or district in which said property or any of it lies, and the fee of said property shall thereupon vest in the United States.

M.G.L. c. 79, § 44A Tax liens on realty taken

c. 79, § 44A. Tax liens on realty taken Section 44A. If real estate taken in whole or in part by eminent domain was at the time of said taking subject to any lien for taxes, assessments or other charges, which is extinguished by such taking, and if the collector of taxes of the town in which such real estate is located gives written notice of a claim of the amount covered by such lien to the body politic or corporate, on behalf of which such taking was made, prior to the payment of any award of damages for such taking or to the entry of judgment therefor, said collector shall be entitled to be paid such amount before any payment of damages for such taking is made to any other party; and any amount so payable on account of such taxes, assessments or other charges shall be deducted from the amount of such damages otherwise payable.

M.G.L. c. 79, § 45 Applicability of chapter

c. 79, § 45. Applicability of chapter Section 45. No real estate shall be taken for public use by the formal vote or order of any board of officers except under this chapter or chapter eighty A, and no damages shall be assessed for the taking or seizure of property for a public purpose or for injury thereto by authority of law, except under this chapter or chapter eighty A, notwithstanding any general or special act hitherto enacted; provided, that nothing contained in this chapter or in chapter eighty A shall be construed as amending or in any way affecting chapter two hundred and fifty-three.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIII/Chapter79Fetched: 10/20/2026