reglab/housing_qa huggingface dataset:
MA Gen L ch 79 § 22 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 22 - Pleading and Procedure; Entry of Judgment

Section 22. A complaint brought under section fourteen shall name all parties adversely interested who are known to the petitioner, and process shall issue and service be made in accordance with the Massachusetts Rules of Civil Procedure. Any defense to the petition not relating to the amount of damages shall be pleaded within thirty days after the service of process; provided that no answer relating solely to the amount of damages shall be filed by any party and no person shall be defaulted for failure to enter an appearance. All matters pertaining to the litigation shall be heard by a judge in the superior court department, and there shall be one trial before a jury, unless all parties waive trial by jury and file a written agreement requesting a trial without a jury. Interrogatories may be filed with the same effect as in other civil actions. In case of trial by jury, if either party requests it, the jury shall view the premises. Judgment shall be entered and execution issued as in other civil actions, except that if final judgment is entered in favor of the plaintiff against the commonwealth for damages, the clerk of the superior court for the county where such judgment is entered shall, within seven days after the final disposition of the case and the expiration of all rights to appeal therefrom, transmit a certified copy of the docket entries and a certificate of such judgment showing the amount due from the commonwealth, to the comptroller who shall notify the governor. The governor shall draw his warrant for such amount on the state treasurer, who shall pay the same, with such interest as is authorized by section thirty-seven.
MA Gen L ch 79 § 23 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 23 - Petition of Persons Holding Different Interests in Same Property

Section 23. If joint tenants, or tenants in common, or other persons having joint or several estates or interests in a single piece of property sustain damages in such property which are recoverable under this chapter, they may join in any petition to recover the damages thereby incurred, or any one or more of them may petition for his or their damages, subject to sections twenty-four to thirty-three, inclusive.
MA Gen L ch 79 § 24 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 24 - Damages Sustained by Tenant for Life or Years and Remaindermen; Trust

Section 24. If a tenant for life or for years and the remainderman or reversioner sustain damages which are recoverable under this chapter, by the taking of their property by eminent domain or by injury thereto under authority of law, or if property so taken or injured is encumbered by a contingent remainder, executory devise or power of appointment, entire damages shall be assessed without apportionment thereof, and shall be paid to, or be recoverable by, any person whom the parties may appoint, and be held in trust by him for their benefit according to their respective interests. The trustee shall, from the income thereof, pay to the reversioner or remainderman the value of any annual rent or other payment which would, but for such damages, have been payable by the tenant, and the balance thereof to such tenant during the period for which his estate was limited, and upon its termination, he shall pay the principal to the reversioner or remainderman.
MA Gen L ch 79 § 25 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 25 - Amount of Damages Placed in Trust; Damages Special to Separate Estate

Section 25. The amount so to be placed in trust shall include only the damages assessed to the whole property; and any damage special to a separate estate therein, and all interest or other earnings which accrue between the taking and the receipt by the trustee of the damages to the whole property, shall be awarded in the same proceedings separately.
MA Gen L ch 79 § 26 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 26 - Trustees for Persons With Legal Disability; Appointment; Bond

Section 26. If a person having an interest in such property is, by reason of legal disability, incapable of choosing a trustee, or is unascertained or not in being, or if the parties cannot agree upon a choice, the probate court of the county in which the property is situated shall, upon application of the board of officers of the body politic or corporate whose duty it is to award the damages, or of any person interested or of any other person, acting in behalf of such persons, whether in being or not, as may by any possibility be or become interested in said property, appoint a trustee, who shall give to the judge of probate a bond with such sureties and in such sum as the judge may order, conditioned for the faithful performance of his duties.
MA Gen L ch 79 § 27 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 27 - Persons Holding Unusual Interests; Right to Petition

Section 27. If there are several parties, who have several estates in the same property at the same time, other than the estates and interests for which provision is made in section twenty-four, and the property is taken in whole or in part or receives injury for which damages are recoverable under this chapter, and one of such parties petitions the superior court to ascertain his damages, the other parties may become parties to the proceedings under such petition, and the damages of all of them may be determined together, in the manner provided in the three following sections.
MA Gen L ch 79 § 28 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 28 - Notice to Other Holders of Interests

Section 28. Upon such petition, the court may order the petitioner to give notice thereof to all the other parties interested, by serving each of them with an attested copy of such petition and the order thereon fourteen days before the next return day, in order that the other parties may appear and become parties to the proceedings under the petition.
MA Gen L ch 79 § 29 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 29 - Award to Persons Holding Different Interests; Apportionment

Section 29. If, on such petition, the court or jury find any of the parties entitled to damages, there shall first be found and set forth the total amount of damages sustained by the owners of such property, estimating the same as an entire estate and as if it were the sole property of one owner in fee simple; and such damages shall then be apportioned among the several parties who are found to be entitled thereto, in proportion to their several interests and to the damages sustained by them, respectively, and such apportionment shall be set forth in the finding or verdict; and if it is found that any party has not sustained damage, it shall be set forth in the finding or verdict that he is awarded no damages. The finding or verdict shall be conclusive upon all parties interested who have become parties to the petition.
MA Gen L ch 79 § 30 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 30 - Appointment of Guardian Ad Litem or Trustee

Section 30. If it appears in any proceedings under the seven preceding sections that an interest in such property is unrepresented by reason of a contingency or other cause by which the owner thereof is unknown or cannot then be ascertained, or because of the disability of such owner, a guardian ad litem to represent such interest may be appointed by the tribunal in which such proceedings are pending; or the judge of probate for the county in which such proceedings are pending may, upon petition of any party in interest, after such notice as he may order to all persons who, or whose issue unborn may be or may become interested in such apportionment, appoint a trustee, who, upon giving such bond as the judge of probate requires, shall represent such interest, and shall receive, manage and invest any money receivable on account thereof, for the benefit of the parties entitled thereto, and shall pay the principal and interest thereof to such parties when entitled thereto. Such guardian ad litem or trustee shall be allowed such costs, including counsel fees, as may be ordered by the court in which such proceedings are finally determined, to be paid from the damages apportioned to the interest which he represents.
MA Gen L ch 79 § 31 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 31 - Petition by Tenant in Possession of Encumbered Property

Section 31. The tenant in possession of property which is encumbered by a contingent remainder, executory devise or power of appointment may, subject to section sixteen, petition the superior court for the assessment of damages; and if he fails so to petition within the first six months of the year allowed by said section, a trustee under section twenty-four or section twenty-six may within the remaining six months thereof petition therefor.
MA Gen L ch 79 § 32 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 32 - Mortgaged Land; Procedure

Section 32. If property which is taken in whole or in part by eminent domain or receives injury, for which damages are recoverable under this chapter, is mortgaged, both the mortgagor and the mortgagee, in addition to their rights under the mortgage, shall have the same powers, rights and privileges, and be subject to the same liabilities and duties, as are provided in this chapter for owners of property so taken or injured, and all petitions for the award or assessment of such damages shall state all mortgages which are known by the petitioner to exist upon the property. Mortgagors and mortgagees may join in any such petition, or become parties to any proceedings for the award or assessment of damages under this chapter, and, if the petition is filed by a mortgagor or mortgagee of property taken or injured, the tribunal to which it is presented shall order the petitioner to give notice thereof to all other mortgagors or mortgagees of the same property by serving on each of them, fourteen days at least before the time of hearing, an attested copy thereof and of the order thereon, that they may become parties to the proceedings.
MA Gen L ch 79 § 33 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 33 - Apportionment of Damages Between Mortgagors and Mortgagees

Section 33. If mortgagors or mortgagees begin or become parties to such proceedings, entire damages shall, upon final judgment, be assessed for the property taken, and such portion thereof as is equal to the amount then unpaid thereon shall be ordered to be paid to every mortgagee who is a party, in the order of his mortgage, and the remainder to the mortgagor; and separate judgment shall be entered accordingly for each mortgagee, who shall hold his judgment in trust, first, with any proceeds realized thereon, to satisfy his mortgage debt, and, after such debt is in any way satisfied, to assign the judgment or pay over any remainder of the proceeds to the mortgagor or other person entitled thereto.
MA Gen L ch 79 § 34 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 34 - Request for Speedy Trial

Section 34. Upon the filing of a petition under section fourteen by or against the commonwealth or a county, city, town or district or any other legal entity which is authorized under the provisions of any general or special law to take property in whole or in part or of any interest therein by eminent domain, the court shall, at the request of any party to the proceeding, advance the same so that it may be heard and determined with as little delay as possible.
MA Gen L ch 79 § 35 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 35 - Evidence of Assessed or Fair Market Value of Property; Admissibility

Section 35. The valuation made by the assessors of a town for the purposes of taxation for the three years next preceding the date of the taking of or injury to real estate by the commonwealth or by a county, city, town or district under authority of law may, in proceedings, brought under section fourteen to recover the damages to such real estate, the whole or part of which is so taken or injured, be introduced as evidence of the fair market value of the real estate by any party to the suit; provided, however, that if the valuation of any one year is so introduced, the valuations of all three years shall be introduced in evidence; and provided, further, that no such valuation shall be so introduced as such evidence unless within the five years preceding such taking or injury there has been a comprehensive revaluation of the real estate of the town and the valuation or valuations sought to be introduced are valuations assessed after such comprehensive revaluation.
MA Gen L ch 79 § 35a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 35a - Apportionment of Taxes

Section 35A. In case of a trial by jury in a proceeding brought under section fourteen, the amount, if any, to which the petitioner is entitled by reason of the tax assessed upon the property in the year in which it was taken, as provided in section twelve, shall be separately determined by the court, either upon stipulation of the parties or upon evidence received, after the jury has rendered its verdict.
MA Gen L ch 79 § 36 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 36 - Discontinuance of Petition

Section 36. No petition brought under section fourteen shall be discontinued except by leave of court or by agreement of all the parties thereto; and any party thereto may prosecute the same.
MA Gen L ch 79 § 36a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 36a - Payment of Damages After Exhaustion or Waiver of Right to Appeal

Section 36A. The body politic or corporate against which an award is made under section seven, nine or ten, or against which a judgment is entered under section fourteen, shall, within thirty days after all rights of appeal therefrom have been exhausted or waived, make payment in accordance with such award or judgment.
MA Gen L ch 79 § 37 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 37 - Interest on Award of Damages

Section 37. Damages under this chapter shall bear interest at the rate calculated pursuant to the provisions of this section from the date on which the right to damages under this chapter vested until paid, except that an award shall not bear interest after it is payable unless the body politic or corporate liable therefor fails upon demand to pay the same to the person entitled thereto. Interest shall be added by the clerk of the court to the damages expressed in a verdict, finding, or order for judgment. A judgment, whether against the commonwealth or any other body politic or corporate, shall bear interest at the rate calculated pursuant to the provisions of this section from the date of the entry of such judgment to and including the last day of the month prior to the month in which such judgment is satisfied, except that a judgment against the commonwealth shall not bear interest if it is satisfied within thirty days of such entry.  Where the period for which prejudgment interest is owed is not more than one year, such interest shall be calculated at an annual rate equal to the weekly average one-year constant maturity treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the date on which the right to damages under this chapter vested. Where the period for which prejudgment interest is owed is more than one year, such interest for the first year shall be calculated in accordance with the preceding sentence, and such interest for each additional year shall be calculated on the principal amount due at an annual rate equal to the weekly average one-year constant maturity treasury yield, as published by the board of governors of the Federal Reserve System, for the calendar week preceding the beginning of each additional year. Post–judgment interest shall be calculated in the same manner as pre-judgment interest, but using, in the first year after judgment, the rate for the calendar week preceding the date on which judgment entered, and in any additional year, the rate for the calendar week preceding the beginning of such additional year.  The secretary of administration and finance shall maintain a schedule of the rates described herein for distribution, upon request, to all clerks of courts and all board of officers upon whom authority to take real estate by eminent domain under this chapter on behalf of any body politic or corporate that has been conferred by law.
MA Gen L ch 79 § 38 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 38 - Costs

Section 38. In all proceedings before county commissioners under this chapter, section eighteen of chapter thirty-four shall be applicable. In all proceedings brought under section fourteen, if a petition is filed after an award of damages has been made and the damages are increased, or if no award has been made and the petitioner is found to be entitled to damages, he shall recover costs, which shall be taxed as in actions at law; otherwise he shall pay costs.
MA Gen L ch 79 § 39 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 39 - Settlement and Tender; Interest

Section 39. Whenever damages may be recovered under this chapter, the body politic or corporate liable for such damages may after the right to such damages has become vested effect such settlement of the damages with the person entitled thereto as it may deem to be for its best interests, and it may as one of the terms of the settlement of a claim for damages growing out of the proceedings in respect of which betterments have been or are to be assessed agree in writing with the owner of the land assessed to assume such betterments. Every settlement under this section shall be in writing and in full satisfaction of all damages for such taking with interest thereon and taxable costs, if any. After approval of such settlement by the board of officers who made the taking for which damages are sought, or after acceptance of an offer of such settlement by the person seeking such damages, whichever occurs later, the amount of such settlement shall bear interest at the rate calculated pursuant to the provisions of section thirty-seven from the date of such settlement to and including the last day of the month prior to the month in which payment thereof is made or tendered.
MA Gen L ch 79 § 40 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 40 - Taking by Private Corporations; Security for Damages

Section 40. Before a taking is made or injury inflicted by a private corporation for which damages may be recovered under this chapter, such corporation shall give to the board of officers by whom such damages are to be awarded security to their satisfaction for the payment of all damages and costs which may be awarded by them or by the court for the land or other property taken or injured; and if, upon petition of the owner and notice to the adverse party, any security taken appears to them to have become insufficient, they shall require the corporation to give further security to their satisfaction. If the corporation fails to comply with this section any person entitled to such damages may treat the taking of his property or the proceedings by which the right to inflict injury thereon was acquired as void and any interference by such corporation with the use and enjoyment of his property as unlawful.
MA Gen L ch 79 § 41 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 41 - Finality of Award; Remedy for Collection

Section 41. If no petition under section fourteen is filed within the time limited, the award of damages shall be final and the amount thereof shall be paid upon demand, and if not so paid may be recovered in an action of contract.
MA Gen L ch 79 § 42 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 42 - Remedies to Enforce Payment by Private Corporations

Section 42. If a private corporation has erected or laid poles, wires, pipes, rails or other structures in a public way, for the construction, operation or maintenance of which damages may be recovered from such corporation under this chapter by the owners of any interest in land abutting upon such way, and such corporation does not pay such damages to an owner of any such interest after they have been finally determined and within thirty days after demand, the mayor of the city or the selectmen of the town in which such structures are located may, upon request of such owner, remove all the structures of such corporation from that portion of the public way upon which the land in which such person has an interest abuts, first leaving a written statement at the office of such corporation in such city or town of the time when and place from which they intend to remove such structures, not less than forty-eight hours prior to such removal. If such corporation has no office in such town, such notice shall be deposited in the post office, postage prepaid, and directed to such corporation at its principal office in the commonwealth. The town so removing any such structures may recover the expense thereof of such corporation. This section shall not prevent such owner from collecting the damages assessed.
MA Gen L ch 79 § 43 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 43 - Right Less Than Fee; Effect of Abandonment on Award of Damages

Section 43. When any easement or other right less than the fee which has been taken by eminent domain has been abandoned in accordance with law before the damages accruing from such taking have been finally determined, the fact of such abandonment may be considered in reduction of damages in any proceedings under this chapter for the award or assessment thereof.