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H1787 • 2025

An Act relative to the defense of private property rights through the prevention of abusive eminent domain takings in the Commonwealth

An Act relative to the defense of private property rights through the prevention of abusive eminent domain takings in the Commonwealth

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Bradley H. Jones, Jr.
Last action
2026-03-26
Official status
Accompanied a study order, see H5281 (under House Rule 27)
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

An Act relative to the defense of private property rights through the prevention of abusive eminent domain takings in the Commonwealth

An Act relative to the defense of private property rights through the prevention of abusive eminent domain takings in the Commonwealth By Representative Jones of North Reading, a petition (accompanied by bill, House, No.

What This Bill Does

  • An Act relative to the defense of private property rights through the prevention of abusive eminent domain takings in the Commonwealth By Representative Jones of North Reading, a petition (accompanied by bill, House, No.
  • 1787) of Bradley H.
  • Jones, Jr., and others relative to the defense of private property rights through the prevention of abusive eminent domain takings.
  • The Judiciary.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-03-26 House

    Accompanied a study order, see H5281 (under House Rule 27)

  2. 2025-10-10 Joint

    Hearing scheduled for 10/21/2025 from 01:00 PM-05:00 PM in A-2

  3. 2025-02-27 House

    Referred to the committee on The Judiciary

  4. 2025-02-27 Senate

    Senate concurred

  5. House

    Reported by committee to Clerk’s Office for processing, will accompany a study order

Official Summary Text

An Act relative to the defense of private property rights through the prevention of abusive eminent domain takings in the Commonwealth
By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1787) of Bradley H. Jones, Jr., and others relative to the defense of private property rights through the prevention of abusive eminent domain takings. The Judiciary.

Current Bill Text

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Bill H.1787

SECTION 1. Chapter 79 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after section 1 the following 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 be affected only when necessary for the possession, occupation, and enjoyment of land by the public at large or by public agencies and shall not be effected for the purpose of commercial enterprise, private economic development, or any private use of the property. Property shall not be taken from one owner and transferred to another on the grounds that the public will benefit from a more profitable use. Whenever an attempt is made to take property for a use alleged to be public, the question of whether the contemplated use is truly public shall be a judicial question and determined as such without regard to any legislative assertion that the use is public. In the event that property taken pursuant to this chapter or chapter 80A is not used for the purpose for which it was taken within 5 years of the taking, the governmental authority that took the property must offer to sell the property to the owner from whom it was acquired, or his or her known or ascertainable heirs or assigns, at the price which was paid for the property or for the fair market value of the property at the time of the sale, whichever is less, and if the offer is not accepted within 180 days from the date it is made, the property may be sold to any other person, but only at public sale after legal notice is given

SECTION 2. This act shall take effect upon its passage.

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