reglab/housing_qa huggingface dataset:
MA Gen L ch 79 § 7g (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 7g - Receipt of Payment or Deposit; Effect; Recovery of Interest; Refund of Overpayment; Recovery of Payment Made to Person Not Entitled Thereto

Section 7G. A person who receives a payment in accordance with section seven B, or who withdraws an amount deposited in accordance with section seven D, may accept the same without prejudice to or waiver of any right to claim a larger sum by proceeding before an appropriate tribunal. No interest shall be recovered except upon such amount of damages as shall, upon final adjudication, be in excess of the amount of such payment or amount deposited.  In the event that the amount of such payment or deposit shall prove to be in excess of damages subsequently assessed by an appropriate tribunal, the petitioner shall be ordered by a proper decree to refund to the body politic or corporate an amount equal to the difference between the amount of such payment or deposit and the damages subsequently assessed, plus costs and interest at the rate of six per cent per annum from the date as of which damages were assessed.  In the event that a payment is made to a person not entitled thereto, the body politic or corporate may recover the same from such person in an action at law or by bill in equity, and the board of officers, upon recovery of such payment, shall dispose of the same in accordance with section seven B or section seven D, as said board of officers shall determine.
MA Gen L ch 79 § 7h (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 7h - Payment of Damages of Less Than $2000 to Prevent Hardship Notwithstanding Title Deficiencies

Section 7H. If the board of officers who have made a taking under this chapter are unable to make or approve prompt payment of all damages awarded in the order of taking as provided for under section seven B because of legal deficiencies in the title of the property subject to said order of taking, and if the total amount of the award for damages awarded under said order of taking is less than two thousand dollars, then said board of officers or any other person authorized to make or approve such payment are hereby authorized wherever feasible to make or approve such payment in order to prevent a hardship on the person or persons in whom the right to damages has vested.
MA Gen L ch 79 § 8a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 8a - Offer of Settlement; Payment Pro Tanto; Refund of Excess

Section 8A. The board of officers who have made a taking under this chapter shall, prior to the expiration of sixty days subsequent to the recording of the order of taking, offer in writing to every person entitled to damages on account of such taking a reasonable amount which such board is willing to pay, either in settlement under section thirty-nine of all damages for such taking with interest thereon, together with taxable costs, if any, or as a payment pro tanto. If such person elects to accept the offer as a pro tanto payment, such election shall be without prejudice to or waiver or surrender of any right to claim a larger sum by proceeding before an appropriate tribunal. If such tribunal shall assess damages in an amount less than the amount actually paid as a pro tanto payment, the petitioner shall be ordered by a proper decree to refund to the body politic or corporate an amount equal to the difference between the pro tanto payment and the amount of damages so found by such tribunal, plus costs and interest at the rate calculated pursuant to the provisions of section thirty-seven from the date when such damages were assessed.  After a pro tanto payment has been made or after an offer of payment has been made in writing as required by this section and not accepted, no interest shall be recovered except upon such amount of damages as shall upon final adjudication be in excess of said payment or in excess of the written offer of payment as herein described; provided, however, that all taxable costs accruing subsequently to such payment or to such written offer of payment shall be recoverable by the petitioner if the adjudicated damages exceed such payment or such offer, otherwise the petitioner shall be liable for and pay such costs.
MA Gen L ch 79 § 8b (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 8b - Time for Vacation of Dwellings

Section 8B. No person in possession of property which has been taken under the provisions of this chapter shall be required to vacate any portion of such property which is being used by him as a dwelling place or place of business at the time the order of taking is made until four months after notice of such taking has been given to him in accordance with the provisions of section seven C.  No tenant or lessee in possession of property which has been taken under the provisions of this chapter, but who is not entitled to notice of such taking under the provisions of section seven C, shall be required to vacate any portion of such property which is being used by him as a dwelling place or place of business at the time the order of taking is made until four months after notice of such taking has been given him in writing by certified mail, by personal service, or by leaving an attested copy thereof at his last and usual place of abode, if he is a resident of the commonwealth, or at the portion of the property taken which is so used by him.
MA Gen L ch 79 § 9 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 9 - Injuries to Realty Caused by Improvements Not Constituting a Taking

Section 9. When injury has been caused to the real estate of any person by the establishment, construction, maintenance, operation, alteration, repair or discontinuance of a public improvement which does not involve the taking of private property, and he is entitled to compensation by law for such injury, if such establishment, construction, maintenance, operation, alteration, repair or discontinuance was effected by or in accordance with a formal vote or order of the board of officers of a body politic or corporate duly authorized by law, the damages shall be awarded, determined and collected and notice of the order shall be given in the same manner as if there had been a taking of property on behalf of such body politic or corporate under section one. In case such establishment, construction, maintenance, operation, alteration, repair or discontinuance is an improvement for which betterments may be assessed, such vote or order shall state whether betterments are to be assessed therefor. The damages shall be assessed as of the date when the vote or order is adopted, but the right to damages shall not vest and the damages shall not be paid until the work which caused the injury has been completed, or until the public improvement which has been discontinued has ceased to be open to public use, or, in the case of injury to any water, water source or water or flowage right, until the water is actually withdrawn or diverted, and if the order does not go into effect, or is rescinded or altered, only so much of the damages shall be paid as has been actually sustained.
MA Gen L ch 79 § 10 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 10 - Damages for Injuries to Property Caused by Acts in Pais

Section 10. When the real estate of any person has been taken for the public use or has been damaged by the construction, maintenance, operation, alteration, repair or discontinuance of a public improvement or has been entered for a public purpose, but such taking, entry or damage was not effected by or in accordance with a formal vote or order of the board of officers of a body politic or corporate duly authorized by law, or when the personal property of any person has been damaged, seized, destroyed or used for a public purpose, and by such taking, damage, entry, seizure, destruction or use he has suffered an injury for which he is entitled to compensation, the damages therefor may be recovered under this chapter. If the injury was caused by or on behalf of the commonwealth or of a county, city, town or district, the officer or board of officers under whose direction or control the injury was caused shall award the damages upon the petition of any person entitled thereto. If the injury was caused by a railroad corporation, the county commissioners of the county in which the property taken, damaged, entered upon, seized, destroyed or used was located, and, if the injury was caused by a private corporation other than a railroad, the aldermen of the city or the selectmen of the town in which such property was located, shall award the damages upon the petition of any person entitled thereto or of the corporation liable therefor. In case of a specific taking, entry, seizure or other act causing destruction or damage or depriving the owner of the use of his property permanently or for a definite period of time the damages shall be assessed as of the date of such taking, entry, seizure or other act and the right thereto shall vest on such date and a petition for an award of damages therefor under this section may be filed within one year thereafter; otherwise damages shall be assessed with respect to any parcel of property as of the date when such property was first injuriously affected, the right thereto shall vest upon the completion of the public improvement which caused the injury, and a petition for an award of damages therefor under this section may be filed within one year after such completion.
MA Gen L ch 79 § 10a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 10a - Payment of Damages; Enforcement of Provisions of Certain Sections; Petition for Writ of Mandamus

Section 10A. Compliance with the provisions of sections six, seven, seven A, seven B, seven C, seven D, eight A, nine, ten and thirty-six A may be enforced against any person having a duty of compliance therewith by writ of mandamus issued upon the petition of any person adversely affected by noncompliance therewith. The body politic or corporate on behalf of which the taking was made shall be joined in any such petition, and the petitioner may recover therefrom in the same proceeding damages sustained by reason of such noncompliance, with costs.  Notwithstanding the foregoing provisions, noncompliance with said sections six, seven, seven A, seven B, seven C, seven D, eight A, nine and ten shall not affect the validity of the proceedings under this chapter.
MA Gen L ch 79 § 11 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 11 - Land Lying in More Than One Governmental Unit; Petition for Award of Damages

Section 11. If a single parcel of land taken or injured by a private corporation lies in more than one county or in more than one town, a petition for an award of damages under section seven may be made to the appropriate board of officers of either of such counties or of either of such towns. The board of officers to whom petition is first made shall have exclusive jurisdiction thereof, and shall award said damages as though the land lay entirely in one county, or in one town. If land injured by a public improvement lies outside the commonwealth, the petition may be made to the board which would have jurisdiction if it lay in the same county, or in the same town, as such public improvement.
MA Gen L ch 79 § 12 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 12 - Measure of Damages; Federal Reimbursement

Section 12. The damages for property taken under this chapter shall be fixed at the value thereof before the recording of the order of taking, and in case only part of a parcel of land is taken there shall be included damages for all injury to the part not taken caused by the taking or by the public improvement for which the taking is made; and there shall be deducted the benefit accruing to the part not taken unless it was stated in the order of taking that betterments were to be assessed. In determining the damages to a parcel of land injured when no part of it has been taken, regard shall be had only to such injury as is special and peculiar to such parcel, and there shall be deducted the benefit accruing to such parcel, unless it was stated in the order of taking, or if there was no taking in the order for the establishment, construction, alteration, repair or discontinuance of the public improvement which caused the injury, that betterments were to be assessed. Whenever the title or interest taken is such that the property will be exempt from taxation so long as it is held and used for the purpose for which it is taken, the damages for the taking shall include an amount or amounts separately determined and stated which shall be estimated to be equal to that portion of the tax assessed upon the property for the fiscal year in which it is taken which, if the tax were apportioned pro rata according to the number of days in such fiscal year, would be allocable to the days ensuing after the taking, and an additional amount equal to the tax assessed against the property for the ensuing fiscal year, if the taking is made between January first and June thirtieth inclusive. Notwithstanding the other provisions of this section, in a program eligible for federal financial assistance, whenever the federal government authorizes a federal agency to allow a measure of damage, or other standard for payments to owners of property taken which would increase the payments to said owners over the measure of damages set forth hereunder, then in such cases the measure of damages shall be the measure of damages set forth hereunder plus any such increase, provided that the taking agency will receive partial or full reimbursement from the federal government for such increase.
MA Gen L ch 79 § 12a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 12a - Property Taken Diminished in Value by Disaster; Full Compensation; Determination of Fair Market Value; Time Limit

Section 12A. Notwithstanding any special or general law to the contrary, if property which is known to be subject to an imminent taking under this chapter is diminished in value by a disaster as determined by the President of the United States pursuant to section 102 of the Disaster Relief Act of 1970, 42 U.S.C. 4402(1), prior to or within two years after the recording of such order of taking, the damages for such property not compensated by insurance or otherwise shall be fixed at the fair market value prior to the time of the disaster. If property diminished in value by such a disaster is not subject to the original notice of taking but, within said two years, is included within such order of taking, damages for such property shall also be fixed at the fair market value prior to the time of the disaster.
MA Gen L ch 79 § 13 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 13 - Buildings and Trees on Land Taken

Section 13. If there are trees upon or structures affixed to the land taken which are not included in the taking, the owner may remove the same, but the damages shall include the value thereof, so far as they enhance the value of the land, and the value thereof for purposes of removal shall be deducted from the damages. If part of a parcel to which structures are affixed is taken, the damages shall include the value of all structures upon such parcel so far as they enhance the value of the land, deducting therefrom the value of all structures or parts thereof left standing on the part not taken, and, if the taking did not include the structures, the value for purposes of removal of the structures upon the part taken. If the owner of trees upon land taken refuses or neglects to remove them within the time specified in the order of taking, he shall be deemed to have relinquished his rights thereto. If the owner of structures upon land taken refuses or neglects to remove them within the time specified in the order of taking, the officers having the direction and control of the public improvement in connection with which the taking was made shall sell such structures at public auction, after five days' notice of such sale, and hold the proceeds for the benefit of such owner, and the expenses of such sale shall be deducted from the owner's damages; but if such property is of less value than the estimated expense of such sale no sale need be made. In that case, or if at the sale no person bids for such property, the owner thereof shall be held to have relinquished his right thereto. If the owner of personal property lying upon land taken refuses or neglects to remove it after reasonable notice in writing from the officers having the direction and control of the public improvement in connection with which the taking was made, he shall be held to have relinquished his right thereto.
MA Gen L ch 79 § 14 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 14 - Petition to Superior Court

Section 14. A person entitled to an award of his damages under this chapter or the body politic or corporate bound to pay the same, whether a petition has or has not been filed or award made under section six, seven, nine or ten, may petition for the assessment of such damages to the superior court of the county in which the property taken or injured was situated. If a single parcel of land so taken or injured lies in more than one county, the petition may be filed in the superior court of either such county, and the court in which such petition is first filed shall have exclusive jurisdiction thereof and shall assess damages as though the land lay entirely in one county; provided, that if a petition for damages has previously been filed under section eleven, the petition to the superior court shall be filed in the same county. If the land injured lies outside the commonwealth, such petition shall be filed in the superior court of the county in which the public improvement which caused the injury is situated.
MA Gen L ch 79 § 16 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 16 - Time for Filing Petition

Section 16. A petition for the assessment of damages under section fourteen may be filed within three years after the right to such damages has vested; but any person, including every mortgagee of record, whose property has been taken or injured, and who has not received notice under section eight or otherwise of the proceedings whereby he is entitled to damages at least sixty days before the expiration of such three years, may file such petition within six months after the taking possession of his property or the receipt by him of actual notice of the taking, whichever first occurs, or, if his property has not been taken, within six months after he first suffers actual injury in his property.
MA Gen L ch 79 § 17 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 17 - Time for Filing Petition When Original Proceedings Quashed

Section 17. If a person petitions for an award or assessment of his damages within the time limited by law, or is a party to such petition by another person, and the petition is quashed, abated or otherwise avoided or defeated for any inaccuracy, irregularity or matter of form, or if, after verdict for such petitioner or other party, the judgment is arrested or reversed on a writ of error, or the proceedings are quashed on certiorari, such petitioner or other party may begin such proceedings anew within one year after such abatement, reversal or other determination.
MA Gen L ch 79 § 18 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 18 - Time for Filing Petition When Validity of Taking Is Contested

Section 18. If a suit, in which the right of a body politic or corporate to effect a particular public improvement or to make a particular taking is drawn in question, is brought within the time for filing a petition to the proper tribunal for an award or assessment of the damages caused by such improvement or taking, or within six months after the determination of an earlier suit involving the same question, brought within the time for filing such petition, which failed for want of jurisdiction, defect of form or other like cause not decisive of the merits of the controversy, the petition may be filed within six months after the final determination of such suit.
MA Gen L ch 79 § 19 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 19 - Time for Filing Petition if Improvement Delayed by Law

Section 19. If the time for locating or constructing a public improvement by a private corporation shall be extended by statute, all unsettled claims against the corporation for damages to land shall be revived, and the claimants for such damages may petition to the proper tribunal within one year after the taking effect of such statute. This section shall not apply to cases in which, by reason of a defect in the original location of a public improvement already constructed, there has been a new location thereof.
MA Gen L ch 79 § 20 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 20 - Petition by Guardian, Conservator or Trustee

Section 20. If damages may be recovered under this chapter for the taking of or injury to property of a person under guardianship or conservatorship or property held in trust, the guardian, conservator or trustee may petition for and recover, and may release all such damages in like manner as if the land or other property were held in his own right.
MA Gen L ch 79 § 21 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 79 - Eminent Domain|Section 21 - Procedure on Death of Person Entitled to Damages

Section 21. If a person who is entitled to petition for an award or assessment of his damages under this chapter dies without filing such petition within the time limited therefor, his executor or administrator may within one year from the date of his appointment file such petition in the same manner and with the same effect as if filed by the deceased in his lifetime.