Code of Massachusetts Regulations
990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL
Title 990 CMR 15.00 - Eminent Domain
Section 15.01 - Application
Universal Citation: 990 MA Code of Regs 990.15
Current through Register 1531, September 27, 2024
A developer may petition the Department to exercise its eminent domain authority pursuant to M.G.L.c.21Donlyif:
(1) all permits, licenses and approvals required by law have been obtained by the developer;
(2) a siting agreement has been declared operative by the Council;
(3) the developer makes a showing, satisfactory to the Department, that a good faith attemptto obtain clear title to all or a portion of the site by purchase or lease has been unsuccessful.
Suchpetitionshallbe submitted in writingto the Director ofthe Bureau of Solid Waste, Department of Environmental Management.
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