Code of Massachusetts Regulations
760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF
Title 760 CMR 25.00 - Securing Approval Of Projects Under M.g.l. C. 121a In Cities And Towns Outside Boston
Section 25.06 - Procedure for Obtaining Approval of the Use of Eminent Domain by a M.G.L. c. 121A Entity

Universal Citation: 760 MA Code of Regs 760.25

Current through Register 1531, September 27, 2024

(1) Policy in Regard to Acquisition of Property. In carrying out its real estate acquisition program, the M.G.L. c. 121A entity shall use reasonable efforts to acquire property by negotiated sale. It shall only take property by eminent domain when all other reasonable methods of obtaining the property have failed.

(2) Procedure for Securing Approval of a Taking. Prior to DHCD's approval of the use of eminent domain, a M.G.L. c. 121A entity must provide written verification that the following steps have been followed:

(a) The Owner of the interest to be acquired has received from the M.G.L. c. 121A entity a final written offer to acquire the interest, and the owner has not accepted the offer within 30 days after receipt.

(b) Upon the owner's written rejection of the final written offer or failure to accept the final written offer within the time specified for acceptance, the M.G.L. c. 121A entity shall notify in writing the Department, the mayor or selectmen of the municipality within which the proposed project is located, and the owner of such real property, of the M.G.L. c. 121A entity's determination that acquisition by use of eminent domain under M.G.L. c. 79 is necessary.

(c) Following such notice and upon written request of the M.G.L. c. 121A entity, the Department may give the M.G.L. c. 121A entity written authorization to proceed to take such property by eminent domain in accordance with M.G.L. c. 79, provided the M.G.L. c. 121A entity has guaranteed, by placing in escrow or otherwise securing to the satisfaction of the Department, that at least the amount of the final written offer shall be available for payment of damages which may be awarded under M.G.L. c. 79, M.G.L. c. 121A, § 11, or other applicable law.

(3) Content of Final Written Offer. The final written offer shall contain:

(a) A final offering price, together with a statement that such price and is based on two written independent appraisals of the property each performed by an appraiser who is licensed by the Commonwealth;

(b) All terms and conditions of the offer;

(c) An explanation of the steps the M.G.L. c. 121A entity will take to acquire the property if the owner rejects or fails to accept the final written offer;

(d) An invitation to discuss the acquisition of the property, including the appraisals, with a qualified representative of the M.G.L. c. 121A entity. Such invitation shall specify a reasonable time period for the owner to accept or reject the invitation.

(e) A clear, explicit statement on the first page of the final written offer of the time period, not to be less than 30 days, within which the owner must decide to accept or reject the final written offer;

(f) An explanation of the manner by which an acceptance or rejection can be communicated to the M.G.L. c. 121A entity;

(g) A statement that, to the extent practicable, the dates for closing and delivery of possession shall be determined by the owner in the agreement of sale.

(h) An explanation of the mechanism by which full payment is guaranteed.

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