The
Commonwealth of Massachusetts
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IN THE YEAR TWO THOUSAND FIVE
PETITION -- HOUSE
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CHIEF SPONSOR:
Representative JONES of NORTH READING
(Note in this space if petition is “By Request”) |
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 passage of the accompanying bill or resolve. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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The
Commonwealth of Massachusetts
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IN THE YEAR TWO THOUSAND FIVE
| AN ACT RELATIVE TO PROHIBITING EMINENT DOMAIN TAKINGS FOR THE PURPOSE OF ECONOMIC DEVELOPMENT. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
WHEREAS, the deferred operation of this act would tend to defeat its purpose, which is to prohibit the taking of private property by right of eminent domain for the sole purpose of economic development, this act is hereby declared an emergency law, and necessary for the immediate preservation of public convenience.
SECTION 1. The General Court hereby finds and declares that the taking of private property by right of eminent domain for the sole purpose of economic development is contrary to the public policy of the commonwealth and does not satisfy the requirement of a “public use” under Article X of Part the First of the Constitution (Declaration of Rights), except to the extent such takings are authorized for the elimination or prevention of the development or spread of a substandard, decadent or blighted open area under chapters 121A, 121B and 121C of the General Laws.
SECTION 2. Chapter 79 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after section 1 the following new section:--
Section 1A. The taking of real estate or of any interest therein by right of eminent domain under this chapter or chapter 80A shall not be effected for the sole purpose of economic development, except to the extent such takings are authorized for the elimination or prevention of the development or spread of a substandard, decadent or blighted open area under chapters 121A, 121B or 121C.
SECTION 3. This act shall take effect upon its passage.