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

Terms Used In Massachusetts General Laws > Chapter 79 - Eminent Domain

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Devise: To gift property by will.
  • Docket: A log containing brief entries of court proceedings.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Interests: includes any form of membership in a domestic or foreign nonprofit corporation. See Massachusetts General Laws ch. 156D sec. 11.01
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Probate: Proving a will
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Verdict: The decision of a petit jury or a judge.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.