Mass. Gen. Laws ch. 21D, sec. 17 — MA Code / Part I / Title II / Chapter 21D / Section 17
Petition for and exercise of eminent domain authority; leases
Status: in_force

Section 17. If all permits and licenses required by law have been issued to the developer and a siting agreement has been established pursuant to sections twelve and thirteen, the developer may petition the department to exercise its eminent domain authority pursuant to the provisions of chapter seventy-nine as authorized by section nineteen of chapter sixteen. Upon a showing by the developer, after due notice and a hearing thereon, that he has been unsuccessful in a good faith attempt to acquire all or a portion of the site by purchase or lease, the department shall exercise its eminent domain authority to make said acquisition, subject to approval by a majority vote of the city council, board of aldermen, or board of selectmen pursuant to the provisions of section nineteen of chapter sixteen. The department shall lease any land acquired under this section for a hazardous waste facility for the treatment, processing or disposal of hazardous waste to the developer for the purpose of construction, maintaining, and operating a privately owned hazardous waste facility. Any land acquired under this section may be disposed of by the department upon termination of a hazardous waste facility or completion of use of a site, with the concurrence of the department of environmental protection, in the best interest of the commonwealth and for a use compatible with local zoning by-laws or ordinances; provided, however, that in no event shall such land be so disposed of unless said department, with the concurrence of the department of environmental protection, first offers, in writing, to convey it to the city or town wherein such land lies for an amount of money not less than the fair market value of the land as determined by an independent appraisal which the department has caused to be made, and such offer is not accepted within two months after being made or is refused by the chief executive officer of the city or town wherein such land lies.

Section 17. If all permits and licenses required by law have been issued to the developer and a siting agreement has been established pursuant to sections twelve and thirteen, the developer may petition the department to exercise its eminent domain authority pursuant to the provisions of chapter seventy-nine as authorized by section nineteen of chapter sixteen. Upon a showing by the developer, after due notice and a hearing thereon, that he has been unsuccessful in a good faith attempt to acquire all or a portion of the site by purchase or lease, the department shall exercise its eminent domain authority to make said acquisition, subject to approval by a majority vote of the city council, board of aldermen, or board of selectmen pursuant to the provisions of section nineteen of chapter sixteen. The department shall lease any land acquired under this section for a hazardous waste facility for the treatment, processing or disposal of hazardous waste to the developer for the purpose of construction, maintaining, and operating a privately owned hazardous waste facility. Any land acquired under this section may be disposed of by the department upon termination of a hazardous waste facility or completion of use of a site, with the concurrence of the department of environmental protection, in the best interest of the commonwealth and for a use compatible with local zoning by-laws or ordinances; provided, however, that in no event shall such land be so disposed of unless said department, with the concurrence of the department of environmental protection, first offers, in writing, to convey it to the city or town wherein such land lies for an amount of money not less than the fair market value of the land as determined by an independent appraisal which the department has caused to be made, and such offer is not accepted within two months after being made or is refused by the chief executive officer of the city or town wherein such land lies.