Code of Massachusetts Regulations
990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL
Title 990 CMR 15.00 - Eminent Domain
Section 15.04 - Approval by the host community
Universal Citation: 990 MA Code of Regs 990.15
Current through Register 1531, September 27, 2024
If, after notice and hearing, the Department determines that the developer has shown that he has made a good faith but unsuccessful attempt to acquire all or a portion ofthe proposed site by purchase or lease, the Department shall request approval ofthe exercise of its eminent domain authority by majority vote ofthe city council, board ofaldermenorboard of selectmen ofthe community in which the land is located. If such approval is given, the Department shall exercise its eminent domain authority as provided in M.G.L. c. 21D, § 17. Upon acquiring title to the proposed site, the department shall lease it to the developer, and may subsequently dispose of it pursuant to the provisions of M.G.L. c. 21D, § 17.
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