reglab/housing_qa huggingface dataset:
MA Gen L ch 80 § 8 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 80 - Betterments|Section 8 - Death of Person Entitled to Petition for Abatement

Section 8. If a person who is entitled to petition for an abatement under this chapter dies within the time limited for such petition without having filed the same, his executor, administrator, heir or devisee, if interested, may, within one year after his interest vests, file such petition in the same manner and with the same effect as if filed by the deceased in his lifetime.
MA Gen L ch 80 § 9 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 80 - Betterments|Section 9 - Trial Procedure

Section 9. Upon the filing of a petition under section seven, process shall issue and service be made as in suits in equity upon the body politic on behalf of which the assessment was made. Any defence to the petition not relating to the amount of the assessment must be pleaded within thirty days of the return day of the subpoena; but no answer relating solely to the amount of the assessment shall be filed, and there shall be no default for failure to enter an appearance. The trial shall be by the court unless one of the parties within the time prescribed in actions at law files a notice that he desires a trial by jury; and the court may appoint an auditor. Interrogatories may be filed with the same effect as in actions at law. The court, as the request of any party, shall advance the petition so that it may be heard and determined with as little delay as possible. In case petitions have been filed for the assessment of damages and for the abatement of betterments with respect to the same parcel of land and the same public improvement, the petitions shall be tried together. In case of trial by jury, if either party requests it the jury shall view the premises. If the assessment is not reduced the respondent shall recover costs and an execution shall issue therefor as in actions at law; but if the assessment is reduced the petitioner shall recover judgment for costs, and the assessment so determined shall stand as the assessment upon the land, and if it has not been paid shall be collected in the manner provided for an original assessment. If the assessment has been paid judgment shall be entered for the petitioner for the amount of the reduction, with interest at the rate of four per cent per annum from the time of payment.
MA Gen L ch 80 § 10 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 80 - Betterments|Section 10 - Appeal to County Commissioners

Section 10. A person who is aggrieved by the refusal of a board of officers of a city, town or district to abate an assessment may, instead of pursuing the remedy provided by section seven, appeal within the time limited therein to the county commissioners of the county in which the land assessed is situated. The person so appealing shall, within ten days after the filing of said appeal, give written notice thereof to such city, town or district. Such notice may be given by mailing a copy of the appeal by registered mail, postage prepaid, to the board which made the assessment or to the clerk of such city, town or district. The county commissioners shall hear the parties, and shall have the same powers and duties with respect to the abatement of such assessment as the board by which it was assessed, and may make an order as to costs. The decision of the county commissioners shall be final.
MA Gen L ch 80 § 10a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 80 - Betterments|Section 10a - Petition for Abatement; Procedure on Failure of Board to Act

Section 10A. If the board with which a petition for the abatement of an assessment has been duly filed in accordance with the provisions of section five fails to act upon said petition within four months of the date of the filing of such petition, the petition shall be deemed to be denied, and the petitioner shall have the right within sixty days after the expiration of said four months to appeal as if the board had in fact denied the said petition; provided, that if the assessment has been paid, no appeal shall be taken after the expiration of ten months from the time of payment.
MA Gen L ch 80 § 11 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 80 - Betterments|Section 11 - Contribution by Lessee; Rights and Remedies of Lessee

Section 11. If an assessment is made upon land the whole or part of which is leased, the owner shall pay the assessment, and may collect of the lessee an additional rent for the portion so leased equal to ten per cent per annum on that proportion of the amount paid which the value of the leased portion bears to that of the whole estate, after deducting from the whole amount any money received for damages to such land in excess of what he has necessarily expended thereon by reason of such damages. A lessee aggrieved by the imposition of this burden may, within six months from the time demand is made upon him for such additional rent, file a petition in the superior court for the county in which the land is situated, to determine the proportion of the assessment which he ought to bear, and the proportion determined upon the petition shall be substituted for the proportion provided by this section. If such proportion is reduced the lessee shall recover costs from the owner; otherwise the owner shall recover costs from the lessee.
MA Gen L ch 80 § 13a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 80 - Betterments|Section 13a - Land Devoid of Structures; Extension of Time for Payment of Assessments

Section 13A. The board making the order for the assessment of any betterment upon land which is not built upon may extend the time of payment of the assessment until it is built upon or for a fixed time; but interest at the rate of four per cent per annum shall be paid annually upon the assessment from the time it was made, and the assessment shall be paid within three months after such land is built upon or at the expiration of such fixed time.
MA Gen L ch 80 § 15 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 80 - Betterments|Section 15 - Division of Assessed Land

Section 15. If land which is subject to a lien for an assessment made under this chapter is subsequently divided by sale, mortgage, partition or otherwise and such division has been duly recorded in the registry of deeds, the board, before the land has been advertised for sale for non-payment of the assessment, may, or upon the written request of the owner or mortgagee of a portion thereof, accompanied by a plan sufficient for the identification of the division of the whole estate, with the names of the different owners thereof, shall, divide said assessment or the amount thereof remaining unpaid, and the costs and interest accrued thereon, among the several parcels into which said land has been divided, assessing upon each parcel the part of the original assessment remaining unpaid proportionate to the special benefit received by such parcel from the improvement. After such assessment has been so divided, only the part of the assessment, interest and costs assessed upon each parcel shall constitute a lien upon such parcel. At least seven days prior to making such division the board shall send by registered mail to all owners of any interest in the land assessed, whose addresses are known to them, a notice of their intention to make such division and of the time appointed therefor, unless such notice has been waived. A person aggrieved by any action of the board under this section shall have the same remedy as a person aggrieved by the refusal of the board to abate an assessment.
MA Gen L ch 80 § 16 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 80 - Betterments|Section 16 - Reassessment

Section 16. If an assessment is invalid and has not been paid in full or has been paid under such circumstances that it can be recovered back, it may be reassessed by the board in the amount for which the original assessment ought to have been made, at any time before the expiration of two years from the date of the assessment, if the land has in the meantime been alienated; otherwise at any time before the alienation thereof. Such assessment shall be a lien upon any sum paid on account of the original assessment, and to the extent that it is not thereby satisfied shall be a lien upon the land. It shall be collected in the same manner as an original assessment, and shall in all other respects be subject to this chapter.
MA Gen L ch 80 § 17 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 80 - Betterments|Section 17 - Application of Chapter

Section 17. Whenever a formal vote or order for the laying out or construction of a public improvement, or for the taking of land therefor, states that betterments are to be assessed, no betterments shall be assessed except under this chapter or chapter eighty A, and all proceedings relating to such betterments shall be as herein or therein provided, notwithstanding any special act hitherto enacted.
MA Gen L ch 80a § 1 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 80a - Eminent Domain Takings and Betterment Assessments by Judicial Proceedings|Section 1 - Authorization

Section 1. A board of officers, hereinafter called the board, upon whom authority to take real estate by eminent domain on behalf of the commonwealth or of any county, city, town or district thereof, hereinafter described as the body politic, has been conferred by law, for the purpose of effecting a public improvement, may, at its election, instead of proceeding in accordance with chapter seventy-nine, or in accordance with chapters seventy-nine and eighty if betterments are to be assessed, institute proceedings for the taking of real estate or any interest therein, and for the assessment of betterments, in accordance with this chapter. So much of sections two to fifteen, inclusive, as relates to the assessment of betterments shall apply only to proceedings thereunder wherein the board votes under section two to assess betterments and so states in the order adopted thereunder.
MA Gen L ch 80a § 2 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 80a - Eminent Domain Takings and Betterment Assessments by Judicial Proceedings|Section 2 - Order of Intention; Contents

Section 2. The board, having first complied with all the preliminary requirements prescribed by law, shall adopt an order of intention to take, which shall contain a description of the property to be taken sufficiently accurate for identification, and shall state the interest therein to be taken and the purpose for which such property is to be taken, and, if betterments are to be assessed therefor, shall so state; otherwise, it shall state that no betterments are to be assessed. In case there are trees upon land so to be taken, or structures affixed thereto, the order shall state whether the same are to be included in the taking, and, if they are not to be so included, shall allow the owner a reasonable time after the taking becomes absolute to remove the same, to be specified in the order.
MA Gen L ch 80a § 3 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 80a - Eminent Domain Takings and Betterment Assessments by Judicial Proceedings|Section 3 - Order of Intention; Additional Provisions; Notice of Adoption

Section 3. The order shall contain an estimate of all damages sustained by every person in his property by reason of such taking as of the date of the adoption of the order, and shall contain an estimate of the cost of the improvement, including such damages, and, if betterments are to be assessed, a description sufficiently accurate for identification of the area which it is expected will receive benefit or advantage, other than the general advantage to the community, from such improvement, and shall refer to a plan of such area, and shall contain an estimate of the betterments that will be assessed upon each parcel of land within such area. Notice of the adoption of such order shall be sent forthwith by registered mail to every person, whose address is known, appearing of record to have an interest in any land to be taken, damaged or assessed, by or on account of the proposed improvement, setting forth all estimates contained in said order in relation to said land, and a like notice shall be posted in a conspicuous place on each parcel thereof. Such order, plan and estimate shall be recorded, within ten days from the adoption of the order, in the registry of deeds of every county or district in which property to be taken or assessed is situated.
MA Gen L ch 80a § 4 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 80a - Eminent Domain Takings and Betterment Assessments by Judicial Proceedings|Section 4 - Petition to Take Property

Section 4. Within ten days from the recording of such order, plan and estimate, the board shall cause to be filed in the superior court of the county in which such proposed public improvement or the major part thereof is situated a petition on behalf and in the name of the body politic undertaking such improvement, to establish its right to take the property described in the order and, if betterments are to be assessed, to assess the same on account of the special benefits to be derived from the improvement, and to determine the compensation and damages to be paid, the area to be assessed and the amount of the benefits to be made the basis of assessments. The petition shall contain a copy of the order and estimates, and shall designate the registry or registries of deeds in which the order, plan and estimate have been recorded as provided in section three. The proceeding thus instituted shall be in rem against the land to be taken, damaged or assessed, but every person appearing of record to have an interest in any of said land at the time of the adoption of the order shall be made a party respondent. The court shall issue an order of notice to all of said respondents, returnable at any return day which occurs thirty days or more after the filing of the petition, which shall be served upon all respondents who are residents of the commonwealth or can be found therein in the manner prescribed for serving a writ of summons in civil actions, and upon all other parties by posting a copy thereof on each parcel of land to be taken, damaged or assessed and by sending a copy thereof by registered mail to each of said parties whose address is known, at least twenty days before said return day. Persons not in being, unascertained or unknown who may have an interest in any of such land shall be made parties respondent by such description as seems appropriate, and service may be made on such persons by publication, in such manner as the court may order.
MA Gen L ch 80a § 5 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 80a - Eminent Domain Takings and Betterment Assessments by Judicial Proceedings|Section 5 - Answer

Section 5. Any of said respondents, and any other person claiming an interest in any of the land to be taken, damaged or assessed by or on account of said improvement, may appear and file an answer within thirty days after the return day of the petition. In such answer he may (1) deny the right of the petitioner to make the improvement, or to take or damage his land, (2) deny the right of the petitioner to levy an assessment upon his land, (3) impugn the validity or regularity of the proceedings for establishing the improvement, taking property by eminent domain or assessing betterments therefor so far as any absence of such validity or regularity may affect the legality of the taking or damaging of his land, or of the assessment of betterments thereon, in which case he shall specify the invalidity or irregularity relied on, (4) deny the sufficiency of the compensation or damages allotted to him in the estimate of the board, in which case he shall state the amount of compensation or damages claimed by him, (5) deny that his property will receive benefit or advantage, other than the general advantage to the community, from the establishment of the improvement, in the amount stated in the estimate, in which case he shall state the value of such benefit or advantage, if any, which he admits his property will receive.
MA Gen L ch 80a § 6 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 80a - Eminent Domain Takings and Betterment Assessments by Judicial Proceedings|Section 6 - Default Judgments; Appointment of Guardians

Section 6. The court shall, on motion of the petitioner, enter a default against all persons served with process or who otherwise appear to have seasonably received personal notice of the petition and who have not appeared and answered within the time prescribed. The court shall appoint one or more disinterested persons to act as guardian or guardians ad litem for minors, for persons under disability, and for all persons not in being, unascertained, unknown or out of the commonwealth, who have been named or described as parties respondent and for whom no duly authorized person has appeared and answered, and such guardian or guardians ad litem shall be allowed thirty days from his or their appointment to appear and answer on behalf of the persons whom he or they represent.
MA Gen L ch 80a § 7 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 80a - Eminent Domain Takings and Betterment Assessments by Judicial Proceedings|Section 7 - Hearing; Judgment

Section 7. If any person in his answer denies the right of the petitioner to make the improvement or to take or damage his property, or to levy an assessment thereon, or impugns the validity or regularity of the proceedings, the court shall forthwith hear and determine the issue thus raised, and may order the petition dismissed or may enter an order establishing the right of the petitioner to take the real estate, or interest therein, described in the order for the purpose therein stated and to assess betterments as therein set forth, or may enter such other order as law and justice may require. If the court does not order the petition dismissed, and one or more of the respondents allege exceptions or appeal to the supreme judicial court or the matter is reported to the supreme judicial court, further proceedings shall not be stayed unless the justice who heard and determined the matter so directs. If no such issue is raised by any person in his answer, the court shall, on motion of the petitioner, enter an order establishing the right of the petitioner to take the real estate, or interest therein, described in the order for the purpose therein stated and to assess betterments as therein set forth. An order under this section establishing the right of the petitioner to take property or to assess betterments shall be final and conclusive as to the validity of the proceedings up to the date of the adoption of such order.
MA Gen L ch 80a § 8 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 80a - Eminent Domain Takings and Betterment Assessments by Judicial Proceedings|Section 8 - Arbitration of Disputes; Appointment of Commissioners

Section 8. If the court shall enter an order establishing the right of the petitioner to take the real estate, or interest therein, described in the order for the purpose therein stated and to assess betterments as therein set forth, and any person has in his answer denied the sufficiency of his compensation or damages as estimated in the order under section three or has denied that his property will receive benefit or advantage in the amount estimated therein, the court shall appoint not more than three disinterested persons as commissioners to hear and determine the issues thus raised. The provisions of law in regard to auditors shall so far as apt apply to such hearing, and all controversies as to the amount of compensation, damages and betterments arising out of the same petition shall be referred to the same commissioners. The commissioners shall hear the parties as speedily as may be and shall thereafter file a draft report with the clerk of the court and shall send notice of such filing to the several parties. The commissioners shall not determine the compensation or damages to which any person is entitled to be greater than as alleged by him in his answer, nor less than as estimated by the board; nor shall they determine the benefit to any parcel of land to be less than as admitted by the owner in his answer nor more than as estimated by the board.
MA Gen L ch 80a § 9 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XIII - Eminent Domain and Betterments|Chapter 80a - Eminent Domain Takings and Betterment Assessments by Judicial Proceedings|Section 9 - Redetermination of Damages; Procedure

Section 9. Any person aggrieved by the determination of the commissioners with respect to his compensation or damages may have a redetermination thereof by a jury by making application therefor within twenty days after the sending of the notice of the filing of the commissioners' draft report. The application may be placed on the trial list of the next ensuing sitting of the court with jury in the county and heard and determined in the same manner as other civil cases and may be advanced for speedy trial; but if there are two or more such applications with respect to a particular public improvement which cannot be heard forthwith without unduly delaying the trial of other civil cases, the court may direct that a special jury be summoned to hear and determine all such applications. The administrative justice for the superior court department shall preside or designate a justice sitting in said department to preside over the sittings of such special jury, who shall have in the hearing and determination of such applications all the powers of a justice appointed to said department presiding over the trial of an ordinary civil action. The award of the commissioners shall be prima facie evidence of the compensation or damages to which the applicant is entitled, and the jury shall not award compensation or damages to any person in a greater amount than as alleged by him in his answer nor less than as estimated by the board. If the jury does not agree upon a verdict, or if the verdict is set aside, the applicant shall be entitled to a new jury from time to time until a verdict has been rendered and established; but he may at any time, upon terms, waive his right to a trial by jury and accept the compensation or damages awarded by the commissioners.