reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XII - Education › Chapter 78 - Libraries › Section 19h - Definitions

Section 19H. As used in sections nineteen G to nineteen K, inclusive, the following words shall, unless the context otherwise requires, have the following meanings:—
''Addition, expansion or extension'', work which will result in an increase in the overall external dimension of a public library facility.
''Alteration'', work required to modify or adjust the interior space arrangement or other physical characteristics of an existing public library facility so that it may be more effectively utilized for its present designated functional purpose.
''Approved public library project'', an undertaking for the planning, alteration, construction, demolition, reconstruction, renovation, addition, expansion, extension, or rehabilitation of a public library facility as approved by a majority vote of the town at a town meeting or by a majority vote of a city council, with the approval of the mayor, in the case of a city or in a municipality having a town council form of government, by vote of the town council.
''Construction'', new construction, alteration, renovation, rehabilitation, or other activity that is intended to result in a significant increase in the internal useable space of a free public library.
''Master plan'', a study, description, or design of an approved library project which is intended to ensure that various components of an approved public library project shall be compatible with each other and that the approved public library project as a whole is compatible with its surroundings.
''Planning'', the preparation of a master plan, study, analysis, or similar report the purpose of which is to define the cost, content and schedule of an approved library project so as to establish a frame of reference prior to design, acquisition, construction, alteration, renovation, rehabilitation or other activity of an approved public library project.
''Public agency'', a department, board, commission, council or other instrumentality of a city or town.
''Public library facility'', a building, modular unit, facility jointly used by more than one municipality or other structure utilized as a free public library in a city or town.
''Rehabilitation'', work required to restore a public library facility to its former historic condition, or to modify and modernize a public library facility in order that it may be effectively utilized for its designated functional purpose.
''Renovation'', work required to restore and modernize most of a public library facility in order that the facility may be effectively utilized for its designated functional purpose or to comply with current code requirements.
''Study'', a plan, analysis or report to identify and evaluate alternative solutions to and recommendations for a solution to the needs and requirements defined by a public agency proposing an approved public library project.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XII - Education › Chapter 78 - Libraries › Section 19i - Application for and Distribution of Funds

Section 19I. The board of library commissioners shall establish rules and regulations which shall govern the application for and distribution of said funds. Any such rule and regulation shall require that any city or town receiving a grant for an approved public library project for the planning, construction, renovation, alteration, addition, expansion or demolition of a public library facility make a financial commitment to the project for which the grant is awarded.
An application must be for an approved public library project and shall be in such form as prescribed by said board and shall be accompanied by such additional master plan, information, drawings, plans, estimates of costs and proposals for defraying such costs as the board may require. The board may consult with the division of capital asset management and maintenance under the secretary of administration and finance as to the feasibility and cost of any such application.
Said board may, if it is satisfied that the application so submitted meets the requirements as established by said board and that the expenses to be incurred are reasonable, certify to the comptroller for payment to such city and town such amount as it may deem proper and the state treasurer shall forthwith make payments so certified from any funds appropriated therefor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XII - Education › Chapter 78 - Libraries › Section 19j - Allocation of Funds; Priorities

Section 19J. In allocating said funds, the board shall give priority to library construction projects within communities (a) in which the most recent fiscal year's tax levy as a per cent of its levy limit exceeds the statewide average, as determined by the commissioner of revenue; (b) that demonstrate strong local annual operating support for public libraries; (c) that have a high degree of demand for public library services; (d) which undertake significant cooperation with other municipalities to improve public library services; (e) which are in strict compliance with the standards established under this chapter; (f) where library projects are needed, in the judgment of the board, to renovate a building which is structurally unsound, lacking handicapped access or otherwise in a condition seriously jeopardizing the safety of the public and where no viable alternatives exist; and (g) where library projects are needed for the replacement, renovation or modernization of the heating system, roof or other project relating to energy efficiency.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XII - Education › Chapter 78 - Libraries › Section 19k - Gifts and Grants

Section 19K. Cities and towns may accept grants or gifts for purposes of library construction or renovations, including the planning therefor from private persons or corporations and from charitable foundations and may disburse the same for such purposes. Cities and towns may include any such funds in the determination of the local match in applying for assistance from the commonwealth for a grant for an approved public library project. Any amounts so received by a city or town shall be deposited with the treasurer of such city or town and held as a separate account and may be expended without further appropriation, notwithstanding the provisions of section fifty-three of chapter forty-four.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XII - Education › Chapter 78 - Libraries › Section 19l - Massachusetts Library and Information Network

Section 19L. The board of library commissioners shall, subject to appropriation, establish and administer a program for the purposes of providing funds for a Massachusetts library and information network. Grants and contracts awarded under this section shall be awarded for, but not limited to, purchase of computer equipment and software, acquisition of telecommunications equipment, development of information and referral services, and training. The board shall establish minimum requirements to be met by all applicants under this program.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XII - Education › Chapter 78 - Libraries › Section 19m - Statewide Advisory Council on Cooperative Library Programs

Section 19M. The board of library commissioners shall establish a statewide advisory council on cooperative library programs. This advisory council shall advise the board with regard to the following: statewide program of service; proposed standards for the delivery of statewide network services; recommendations for statewide priorities for interlibrary cooperation and resource sharing; and the effectiveness of the statewide program of services. The council shall prepare and adopt bylaws for the conduct of business which shall be approved by the board of library commissioners.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XII - Education › Chapter 78 - Libraries › Section 20 - Librarians; Appointment; Examination; Registration

Section 20. The board may determine by examination or by such rules as it may establish the selection and appointment of supervising librarians and all other library workers who are paid wholly or in part, under the authority of said board, by the commonwealth. Such selection and appointment shall not be subject to chapter thirty-one.
In order to assist library trustees who seek advice from the board in securing qualified librarians and assistants, the board shall keep a registry of librarians which shall give due credit for experience and successful accomplishment as well as for formal examination.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XII - Education › Chapter 78 - Libraries › Section 24 - Definitions Applicable to Secs. 22 to 31

Section 24. The following words and phrases used in sections twenty-two to thirty-one, inclusive, shall, unless the context otherwise requires, have the following meanings:—
''Board'', the board of library commissioners.
''Professional librarian'', a person qualified by education, training or study and experience to practice library work in a position requiring knowledge of books and library aims and techniques equivalent to that attained through graduation from a library school accredited by the American Library Association.
''Subprofessional librarian'', a person in the opinion of the board qualified through an elementary knowledge of library techniques to engage in the necessary library routines involved in the acquiring and circulation of books but not qualified as a professional librarian.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XII - Education › Chapter 78 - Libraries › Section 25 - Rules and Regulations

Section 25. The board shall make such rules and regulations not inconsistent with law as are necessary and proper for the conduct of the process of certification, including issuance, renewal or revocation of certificates, and to provide for hearings in the case of applicants whose requests for certificates have been refused or whose certificates have been suspended or revoked, in cases where application for such hearing has been made to the board.
No regulation shall be accepted for filing with the state secretary unless such regulation has been submitted to the clerks of the senate and house of representatives who shall refer such regulations to the appropriate joint committee for its review and comment ninety days prior to the effective date of said regulations. Said committee may submit written comments and suggested changes, if any, to the board at least sixty days prior to said effective date. The board in filing its regulations shall consider the comments and suggested changes and submit revised regulations, or a detailed explanation of why the suggested changes will not be adopted, to such committee at least thirty days prior to the effective date of the regulations.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XII - Education › Chapter 78 - Libraries › Section 28 - Duties of Board

Section 28. The board shall:—
(1) Keep an official record of all its meetings or parts of meetings concerned with certification.
(2) Issue, suspend, revoke or renew certificates to properly qualified persons.
(3) Keep a roster showing the names and last-known business addresses of all persons holding certificates and furnish the information contained therein to the public on request.
(4) Furnish information as to the requirements for certification upon request and without charge to all prospective applicants.
(5) Hold examinations at least semi-annually if there are applicants for examination.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XII - Education › Chapter 78 - Libraries › Section 29 - Librarians; Qualifications

Section 29. The board shall issue a certificate certifying as a professional librarian any person who requests certification upon a form prescribed by the board and who fulfills one or both of the following requirements:—
(1) Graduation from a library school accredited by the American Library Association or the passing of an examination which, with due consideration of education, professional training, practical experience and demonstrated ability, shall satisfy the board that the candidate has the qualifications required for the satisfactory practice of library work.
(2) The holding of an unexpired certificate issued by the proper authority in any state other than this commonwealth in which the requirements for certification are satisfactory to the board.
The board shall issue a certificate certifying as a sub-professional librarian any person who requests certification upon a form prescribed by the board and who, in the opinion of the board, is qualified to practice library work in a position not requiring the educational and other qualifications for certification as a professional librarian.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XII - Education › Chapter 78 - Libraries › Section 31 - Status of Existing Librarians; Certificates

Section 31. Any person who, upon the effective date of this act, is employed in a position defined as that of professional librarian or subprofessional librarian in section twenty-four, shall be granted a certificate as a professional or subprofessional librarian, if he makes application within two years after such effective date.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XII - Education › Chapter 78 - Libraries › Section 32 - Library Staff Members; Leaves of Absence for Study or Research

Section 32. In a city or town which accepts this section the board of trustees of the public library or the city or town official possessing the appointive powers of such board may grant a leave of absence for study or research to any library staff member which would enable him to increase his professional ability, such leave to be for a period not exceeding one year at full or partial pay; provided, that prior to the granting of such leave said library staff member shall enter into a written agreement with said trustees or official that upon the termination of such leave he will return to service in the public library of such city or town for a period equal to twice the length of such leave and that, in default of completing such service, he will refund to the city or town an amount equal to such proportion of salary received by him while on leave as the amount of service not actually rendered as agreed bears to the whole amount of service agreed to be rendered.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XII - Education › Chapter 78 - Libraries › Section 33 - Policy for Selection and Use of Library Materials and Facilities

Section 33. The board of trustees of a free public library in any city or town, or in the absence of such board, the city or town official possessing the appointive powers of such board, shall establish a written policy for the selection of library materials and the use of materials and facilities in accordance with standards adopted by the American Library Association. No employee shall be dismissed for the selection of library materials when the selection is made in good faith and in accordance with the approved policy adopted pursuant to the provisions of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XII - Education › Chapter 78 - Libraries › Section 34 - Employment Contracts for Library Employees

Section 34. The board of trustees of a free public library in any city or town, or in the absence of such board, the city or town official possessing the appointive powers of such board shall, except in the case of those employees subject to the provisions of chapter one hundred and fifty E, execute a written employment contract with an employee of said library outlining the basic conditions of employment, including but not limited to the establishment of a probationary period and the procedure for dismissal during this period and the establishment of a procedure which specifies the cause for dismissal after the completion of such probationary period.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIII - Eminent Domain and Betterments › Chapter 79 - Eminent Domain › Section 1 - Order of Taking; Contents

Section 1. The taking of real estate or of any interest therein by right of eminent domain may be effected in the following manner. A board of officers upon whom authority to take real estate by eminent domain on behalf of any body politic or corporate has been conferred by law, having first complied with all the preliminary requirements prescribed by law, may adopt an order of taking, which shall contain a description of the land taken sufficiently accurate for identification, and shall state the interest therein taken and the purpose for which such property is taken, and in case such taking if for an improvement for which betterments may be assessed shall state whether betterments are to be assessed therefor. In case there are trees upon the land taken, or structures affixed thereto, the order of taking shall state whether the same are to be included in the taking, and, if they are not so included, shall allow the owner a reasonable time after the date of the order or after entry or possession to remove the same, to be specified in the order.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIII - Eminent Domain and Betterments › Chapter 79 - Eminent Domain › Section 2 - Officials Authorized to Exercise Eminent Domain

Section 2. Where no other provision is made by law, a taking of land by eminent domain by or on behalf of the commonwealth shall be made by the governor and council, a taking by or on behalf of a county by the county commissioners of such county, a taking by or on behalf of a city by the aldermen, a taking by or on behalf of a town by the selectmen, a taking by or on behalf of a district by its prudential committee and a taking by or on behalf of a private corporation by its board of directors.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIII - Eminent Domain and Betterments › Chapter 79 - Eminent Domain › Section 3 - Recordation of Taking Order; Procedure to Acquire Possession

Section 3. The board of officers by whom an order of taking has been adopted under section one shall within thirty days thereafter cause a copy thereof, signed by them or certified by their secretary or clerk, or, in case of a taking by or on behalf of a city by a board of officers having no secretary or clerk, certified by the city clerk, to be recorded in the registry of deeds of every county or district in which the property taken or any of it lies. The copy of an order of taking made under chapter one hundred and fifty-nine in connection with proceedings thereunder to abolish grade crossings by the department of highways, or by the department of telecommunications and energy, may be filed and recorded without the payment of any fee therefor. Upon the recording of an order of taking under this section, title to the fee of the property taken or to such other interest therein as has been designated in such order shall vest in the body politic or corporate on behalf of which the taking was made; and the right to damages for such taking shall thereupon vest in the persons entitled thereto unless otherwise provided by law.
If the person in possession of property which has been taken in fee, or in which an easement has been taken, by eminent domain under this chapter refuses to permit the body politic or corporate by which the taking was made to enter thereon and take possession thereof or to exercise its rights under the taking after thirty days' notice in writing sent to him by registered mail or posted upon the property so taken or in which an easement has been so taken, the board of officers having the direction and control of the public improvement in connection with which the taking was made may issue its warrant to the sheriff of the county in which the property is situated or to his deputy directing him to make entry on the property so taken and to take possession thereof or of the easement therein which has been taken, on behalf of said body politic or corporate, and such sheriff or his deputy shall forthwith execute said warrant using such force as he may deem necessary for the purpose.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIII - Eminent Domain and Betterments › Chapter 79 - Eminent Domain › Section 4 - Taking Registered Land

Section 4. If land of a registered owner, or any right or interest therein, is taken by eminent domain, the board of officers by whom the taking is made shall file for registration in the proper registry district a description of the registered land so taken, giving the name of each owner thereof, referring by number and place of registration in the registration book to each certificate of title, and stating what estate or interest in the land is taken, and for what purpose. A memorandum of the right or interest taken shall be made on each certificate of title by the assistant recorder. If the fee simple of part of the registered land is taken a new certificate shall be entered to the owner for the land remaining to him after such taking. All fees on account of any memorandum of registration or entry of new certificates shall be paid by the body politic or corporate which takes the land.
If the body politic or corporate which takes the land acquires the fee simple of all or part of the registered land, a new certificate shall be entered to the body politic or corporate making the fee simple taking.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIII - Eminent Domain and Betterments › Chapter 79 - Eminent Domain › Section 5 - Taking of Land Already in Public Use

Section 5. No portion of a state institution shall be taken for a public way, canal, railroad or railway without leave of the general court specially obtained. No portion of a highway, public building or cemetery shall be taken for railroad purposes outside the limits of the route fixed for such railroad without the consent of the town in which the land sought to be taken is situated. No portion of the land taken for or held as a park by a town under chapter forty-five shall be taken or used for a public way, canal, railroad or railway, or for altering or widening the same, without the approval of the board having control of the public parks of such town. No portion of a common or park dedicated to the use of the public, or appropriated to such use without interruption for a period of twenty years, shall be taken or used for a public way, canal, railroad or railway, or for altering or widening the same, except with the consent of the city or town in which such common or park is situated after public notice, given in the manner provided in cases of the laying out and alteration of highways, stating the extent and limits of the portion thereof proposed to be taken. Such consent shall be expressed by a vote of the inhabitants, if ten or more voters file a request in writing to that effect with the selectmen or aldermen within thirty days after the publication of the notice; in the absence of such request, consent shall be presumed. In a city such vote shall be taken by ballot on a day appointed for the purpose by the aldermen, which may be the day of any election. Notice that such vote is to be taken with a statement of the question to be voted upon shall be given by the aldermen in the manner provided by law for giving notice of city elections, fourteen days at least before the day appointed therefor, and all provisions of law relative to elections consistent herewith shall be applicable to such vote, and a certificate of the result shall be recorded by the city clerk.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIII - Eminent Domain and Betterments › Chapter 79 - Eminent Domain › Section 5a - Historical or Archeological Landmarks; Ancient Landmarks; Taking

Section 5A. No historical or archeological landmark certified under the provisions of section twenty-seven of chapter nine and no property owned, preserved and maintained by any historical organization or society as an ancient landmark or as property of historical or antiquarian interest shall be taken without leave of the general court specially obtained.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIII - Eminent Domain and Betterments › Chapter 79 - Eminent Domain › Section 5b - Agricultural Land

Section 5B. No property used for agriculture or farming as defined in section one A of chapter one hundred and twenty-eight shall be taken without the consent of the owner thereof, nor shall an easement be taken on such property without such consent, except after a hearing by the board at which such owner shall be entitled to be heard and allowed to introduce evidence that other land not used for agriculture or farming, as so defined, and without occupied buildings situated thereon is available for the public use for which it is intended to take his property. If such evidence is introduced and accepted by the board as valid, the board shall exempt said property from the taking. The provisions of this section shall not apply to takings in behalf of the commonwealth, takings for highway purposes, nor to takings authorized by the department of telecommunications and energy, except that in such takings notices of hearings required by section seventy-two of chapter one hundred and sixty-four shall be sent to all interested parties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIII - Eminent Domain and Betterments › Chapter 79 - Eminent Domain › Section 5c - Notice of Intent Prior to Taking; Exceptions

Section 5C. No property shall be taken without the consent of the owner thereof, nor shall an easement be taken on such property without such consent, unless notice of intent to take such property is given to the owner of such property at least thirty days prior to the date of the actual taking. The provisions of this section shall not apply to takings on behalf of the commonwealth, county, city or town. Said provisions shall also not apply to takings authorized by the department of telecommunications and energy, except that in such takings notice of hearings required by section seventy-two of chapter one hundred and sixty-four shall be sent to the owners of any property to be taken.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIII - Eminent Domain and Betterments › Chapter 79 - Eminent Domain › Section 6 - Taking by Public; Award of Damages; Amendment of Award; Payment

Section 6. When a taking is made on behalf of a body politic or corporate other than a corporation described in section seven, the board of officers by whom the order of taking is adopted shall, at the time of the adoption thereof, award the damages sustained by every person in his property by reason of such taking. Such award may be amended by said board of officers at any time prior to the payment thereof by reason of a change in ownership or value of said property before the right to damages therefor has become vested or for other good cause shown. Such damages shall be paid by such body politic or corporate unless other provision is made by law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIII - Eminent Domain and Betterments › Chapter 79 - Eminent Domain › Section 6a - Moving Expenses; Exemption From Attachment or Execution

Section 6A. Any person lawfully occupying real property who is displaced therefrom and caused to move as a result of a taking of such property by eminent domain, shall be paid by the body politic or corporate on behalf of which the taking is made, unless other provision is made by law, the reasonable and necessary expenses incurred by him, as determined by said body, in moving his personal property to another location within the commonwealth, but in no event more than the amounts permitted by the provisions of chapter seventy-nine A. Moving expense payments granted under the provisions of this section shall not be subject to attachment by trustee process or otherwise, nor shall they be subject to be taken on execution or other process.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIII - Eminent Domain and Betterments › Chapter 79 - Eminent Domain › Section 7 - Taking by Private Corporations; Award of Damages; Time of Payment

Section 7. When a taking is made on behalf of a railroad corporation, the damages shall be awarded by the county commissioners of the county in which the land taken lies, upon the petition of such corporation or of any person entitled thereto, if filed within one year of the date when the taking is recorded. When the taking is made on behalf of a private corporation other than a railroad corporation the damages shall be awarded by the aldermen of the city, or the selectmen of the town, in which the land taken lies, upon the petition of such corporation or of any person entitled thereto, if filed within one year of the date when the taking is recorded; provided, that there shall be no award of the damages caused by the taking of land or other acts performed in the abolition or alteration of a grade crossing under chapter one hundred and fifty-nine, but the amount of such damages may be agreed upon by the party primarily liable therefor and any person entitled thereto. A petition for an award of damages under this section may be filed in the office of the board having jurisdiction of the subject matter thereof at any time within the period herein limited, but no petition shall be received or damages awarded under this section after a petition with respect to the same subject matter has been filed in the superior court under section fourteen.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIII - Eminent Domain and Betterments › Chapter 79 - Eminent Domain › Section 7a - Appraisal as Pre-Requisite to Payment of Damages

Section 7A. An award of damages made pursuant to section six or section seven shall not be made until at least one appraisal has been made in accordance with section twelve on behalf of the taking authority and filed therewith; unless all persons entitled to damages by reason of the taking shall have made a prior written request of the taking authority that the taking be made without awaiting such appraisal and filing, in which event the taking authority may award only nominal damages at the time of adoption of the order but shall, within four months after the taking and after such appraisal is made and filed, amend the award of damages to reflect the damages sustained, and shall immediately after such amendment given written notice thereof to the same persons and in the same manner of service specified by section seven C and, notwithstanding any contrary provision of law, any interest either on damages or on the excess of any payment or deposit made by the taking authority over damages subsequently assessed shall run only from the date of such amendment or the expiration of such four months, whichever is earlier. Notwithstanding the foregoing, no appraisal shall be made by the taking authority if all persons entitled to damages by reason of such taking waive, in writing, their right to any damages.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIII - Eminent Domain and Betterments › Chapter 79 - Eminent Domain › Section 7b - Payment of Damages; Execution of Necessary Documents; Time of Issuance of Checks

Section 7B. Immediately after the right to damages becomes vested, the board of officers who have made a taking under this chapter shall do all things and execute all documents necessary and within their lawful authority for the prompt payment of all damages awarded in the order of taking. In the event that authority to make or approve such payments, or to perform any act necessary thereto, is conferred by law upon any person other than said board of officers, such person shall do all things and execute all documents necessary and within his lawful authority for such prompt payment. Any check for the payment of such damages shall be issued either within sixty days after the right thereto becomes vested, or within fifteen days after demand therefor by any person entitled thereto is made, as said board of officers shall determine, and shall, except as provided in section seven D, be made immediately available to the persons entitled thereto at such time and place as may be designated by said board of officers.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIII - Eminent Domain and Betterments › Chapter 79 - Eminent Domain › Section 7c - Notice of Taking and Amount of Damages; Contents; Service

Section 7C. Immediately after the right to damages becomes vested, the board of officers who have made a taking under this chapter shall give notice thereof to every person, including every mortgagee of record, whose property has been taken or who is otherwise entitled to damages on account of such taking. Such notice shall be in writing and shall describe in general terms the purpose and extent of the taking, and shall state the amount of damages, if any, awarded for such taking and the time and place at which he may obtain payment thereof, or, if no damages have been awarded, the time within which he may petition for an award of the same, and the time within which he may petition the superior court to determine his damages under section fourteen. Such notice may be served by personal service, or by leaving an attested copy thereof at the last and usual place of abode of the person to be notified if he is a resident of the commonwealth, by any person authorized to serve civil process, or notice may be given to persons within or without the commonwealth, by registered mail or other suitable means. Failure to give notice shall not affect the time within which a petition for damages may be filed, except as provided by section sixteen.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIII - Eminent Domain and Betterments › Chapter 79 - Eminent Domain › Section 7d - Unknown Persons or Persons Under Legal Disability; Manner of Payment of Damages; Apportionment of Damages; Deposits

Section 7D. If the board of officers by whom a taking has been made is unable, upon reasonable investigation, to determine the name of any person entitled to damages awarded under section six, or if said board of officers determines that any person entitled to such damages is under a legal disability from receiving payment thereof, any check on account of such damages shall be made payable to the treasurer or other officer having like powers of the body politic or corporate on behalf of which such taking has been made, hereinafter in this section and in section seven E called the treasurer, and deposited with him for the benefit of the person or persons entitled thereto. If said board of officers determines that damages awarded under section six should be apportioned between two or more persons having an estate or interest in a single parcel of land, any check on account of such damages may be made payable to the treasurer and deposited with him for the benefit of the persons entitled thereto. The treasurer shall deposit any such check in a savings bank or other like institution, or in savings accounts in a trust company, or invest the same in share accounts in a federal savings and loan association or a savings and loan association located in the commonwealth, or in investments described in section thirty-eight of chapter twenty-nine, to accumulate for the benefit of the person or persons entitled thereto. Such deposit or investment shall be made in the name of the treasurer. When the person entitled to such amount or any portion thereof satisfies said board of officers of his right to receive it, said board of officers shall, after such notice as it may order, order such amount or portion thereof, or the proceeds of its investment, to be transferred to him by the treasurer. Amounts deposited or invested under this section shall be subject to the provisions of chapter two hundred A, relating to unclaimed and abandoned property, and the treasurer shall, insofar as practicable, make such reports and give such notice concerning the same as are required respectively by sections seven and eight of said chapter two hundred A. No action by a taking authority under the provisions of this section shall be construed so as to prevent or delay the operation of section sixteen.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIII - Eminent Domain and Betterments › Chapter 79 - Eminent Domain › Section 7e - Unclaimed Checks

Section 7E. If any check issued in accordance with section seven B remains unclaimed by any person entitled thereto for a period of sixty days after notice in accordance with section seven C, such check shall be withdrawn and a new check issued in like amount. Such new check shall be made payable to the treasurer and shall be deposited, held and disposed of in accordance with section seven D.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIII - Eminent Domain and Betterments › Chapter 79 - Eminent Domain › Section 7f - Copies of Notice or Notice of Deposit; Sending to Tax Collectors

Section 7F. The board of officers shall, immediately upon giving notice in accordance with section seven C or upon depositing a check in accordance with sections seven D or seven E, send a copy of such notice or of notice of such deposit, as the case may be, to the collector of taxes of the city or town in which the land to which such notice or petition pertains is located.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.