Proposal for a legislative amendment to the Constitution prohibiting eminent domain takings
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Overview
This proposal seeks to amend the Massachusetts Constitution to prohibit the government from taking private property for public use through eminent domain, unless the owner receives just compensation. It aims to strengthen property rights by limiting the government’s ability to seize land, even for projects deemed to benefit the public. The amendment would restrict the use of eminent domain to situations where the taking is truly necessary and provides fair compensation to the property owner. This proposal builds upon previous attempts to address concerns about eminent domain practices in the state.
Key provisions
- Prohibits the use of eminent domain for public use.
- Requires just compensation to be paid to property owners.
- Constitutional amendment, requiring voter approval.
- Limits the government’s power to seize private property.
- Protects property rights within the Commonwealth.
- Addresses concerns regarding the potential abuse of eminent domain.
- Ensures fair compensation for property taken.
- Provides a stronger legal framework for property owners.
Who is affected
- Property owners in Massachusetts
- Businesses located in Massachusetts
- The government (local, state, and potentially federal)
- Developers and landowners
- Citizens of Massachusetts
Notable changes
- This amendment would establish a constitutional prohibition on eminent domain, going beyond existing statutory limitations.
Bill text
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Sponsors
Official sponsors from legislative records.
7 on record
Primary sponsor
Bradley H. Jones Jr.
Cosponsors
Bradley H. Jones Jr.
Kimberly N. Ferguson
Arguments
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