New Eminent Domain Law in Effect in Massachusetts

The Boston Herald.com website reported (June 16, 2004) on a law, effective July 2004, that will make it easier for the state’s cities and towns to seize land through eminent domain and thereby facilitate the building of major private development projects.

According to the article, cities and towns interested in taking private property for big development projects will no longer have to prove that the area around the subject site is “blighted” under the state’s new “40Q” statute.  The new law allows cities and towns to set aside up to 25 percent of their acreage as “development districts” in which the expanded powers of eminent domain can be used.  In addition to offering more expanded land-taking powers to developers, the law also allows cities and towns to use new tax money spun off by big development projects to pay for roads, parking garages, utilities, and worker training.

The Massachusetts Office of Business Development will issue rules governing the law’s use. [ return to top ]