Massachusetts General Laws

Mass. Gen. Laws ch. 121B, § 49 (2026)

Sale or lease of property acquired for urban renewal project

✓ current as of July 2026

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Section 49. If an urban renewal agency shall sell or lease any property acquired by it for an urban renewal project, the terms of such sales or leases shall obligate the purchasers or lessees, (a) to devote the land to the use specified in the urban renewal plan for said land; (b) to begin the building of their improvements within a reasonable time; provided, however, that, with respect to any improvements of a type which any federal agency, as defined in subsection (b) of section 3 of the Federal Property and Administrative Services Act of 1949, as amended, is otherwise authorized to make, this clause shall apply to such federal agency only to the extent that it is authorized, and funds have been made available, to make the improvements involved; (c) to give preference in the selection of tenants for dwelling units built in the project area to families displaced therefrom because of clearance and renewal activity who desire to live in such dwelling units and who will be able to pay rents or prices equal to rents or prices charged other families for similar or comparable dwelling units built as a part of the same redevelopment; and (d) to comply with such other conditions as are deemed necessary to carry out the purposes of this chapter, or requirements of federal legislation or regulations under which loans, grants or contributions have been made or agreed to be made to meet a part of the cost of the project. Nothing in this chapter shall be construed as limiting the power of an urban renewal agency in the event of a default by a purchaser or lessee of land in an urban renewal project to retake title to and possession of the property sold or leased free from the obligations in the conveyance or lease thereof.

Notes of Decisions

Cited in 8 cases, 1974–1999 · leading case: Raso v. Lago, 135 F.3d 11 (1st Cir. 1998).

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Raso v. Lago, 135 F.3d 11 (1st Cir. 1998). · cites it 3× “Mass. Gen. Laws ch. 121B, § 49 (1986). The BRA also required that the developer work closely with former West Enders in developing the property.”

Benevolent & Prot. Order of Elks, Lodge No. 65 v. Plan. Bd., 531 N.E.2d 1233 (Mass. 1988). · cites it 2× “” 20 If an “urban renewal agency” sells property it has acquired for urban renewal, G. L. c. 121B, § 49, requires the agency to subject the purchaser’s use to certain ongoing restrictions.”

Lafayette Place Assocs. v. Boston Redevelopment Auth., 694 N.E.2d 820 (Mass. 1998). “121B, § 32, and the absence of such constraints on sales and leases of property *532 by a redevelopment authority under G. L. c. 121B, § 49. But of course this difference is merely the result of the assignment of functions to a redevelopment authority in communities that choose…”

Raso v. Lago, 958 F. Supp. 686 (D. Mass. 1997). · cites it 4× “Count II seeks a declaratory judgment that the legislature created a trust for the plaintiffs in M.G.L. c. 121B, § 49, thus making the BRA and all of its successors in interest trustees who owe a fiduciary duty to members of the putative plaintiff class who are alleged to be the…”

Charles River Park, Inc. v. Boston Redevelopment Auth., 557 N.E.2d 20 (Mass. App. Ct. 1990). “See now G. L. c. 121B, § 49. 26 See also HHFA Urban Renewal Manual § 14-2-3, at 6 (dated 2/1/ 60) (providing that the time for performance of each obligation “shall not be so long as to permit procrastination by either party or to permit the developer to hold the land for…”

Boston Redevelopment Auth. v. Charles River Park \C\" Co.", 490 N.E.2d 810 (Mass. App. Ct. 1986). · cites it 2× “” No one disputes that, for a period of fifty years from the adoption of the plan in 1957, the use restriction is binding upon the developers *779 and their successsors pursuant to the provisions of various leases and covenants in deeds, as well as G.”

Gulf Oil Corp. v. Fall River Hous. Auth., 306 N.E.2d 257 (Mass. 1974). “G. L. c. 121B, § 49, added by St. 1969, c.”

Newburyport Redevelopment Auth. v. Newburyport Inn Ltd. P'ship, 9 Mass. L. Rptr. 683 (Mass. Super. Ct. 1999). “G.L.c. 121B, §49(d) (requiring that redevelopments of land and urban renewal projects comply with the requirements of federal legislation and regulations under which loans and grants have been made).”

— Mass. Gen. Laws ch. 121B, § 49(d) — 3 cases

Raso v. Lago, 135 F.3d 11 (1st Cir. 1998). “Mass. Gen. Laws ch. 121B, § 49 (1986). The BRA also required that the developer work closely with former West Enders in developing the property.”

Raso v. Lago, 958 F. Supp. 686 (D. Mass. 1997). “Count II seeks a declaratory judgment that the legislature created a trust for the plaintiffs in M.G.L. c. 121B, § 49, thus making the BRA and all of its successors in interest trustees who owe a fiduciary duty to members of the putative plaintiff class who are alleged to be the…”

Newburyport Redevelopment Auth. v. Newburyport Inn Ltd. P'ship, 9 Mass. L. Rptr. 683 (Mass. Super. Ct. 1999). “G.L.c. 121B, §49(d) (requiring that redevelopments of land and urban renewal projects comply with the requirements of federal legislation and regulations under which loans and grants have been made).”

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