Mass. Gen. Laws » Part I Title III Chapter 30B
Massachusetts General Laws

Mass. Gen. Laws ch. 30B, § 16 (2026)

Real property; disposition or acquisition

✓ current as of July 2026
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Section 16. (a) If a governmental body duly authorized by general or special law to engage in such transaction determines that it shall rent, convey, or otherwise dispose of real property, the governmental body shall declare the property available for disposition and shall specify the restrictions, if any, that it will place on the subsequent use of the property.

(b) The governmental body shall determine the value of the property through procedures customarily accepted by the appraising profession as valid.

(c) A governmental body shall solicit proposals prior to:

(1) acquiring by purchase or rental real property or an interest therein from any person at a cost exceeding $35,000; or

(2) disposing of, by sale or rental to any person, real property or any interest therein, determined in accordance with paragraph (b) to exceed $35,000 dollars in value.

(d) The governmental body shall place an advertisement inviting the submission of proposals in a newspaper with a circulation in the locality sufficient to inform the people of the affected locality. The governmental body shall publish the advertisement at least once a week for two consecutive weeks. The last publication shall occur at least eight days preceding the day for opening proposals. The advertisement shall specify the geographical area, terms and requirements of the proposed transaction, and the time and place for the submission of proposals. In the case of the acquisition or disposition of more than twenty-five hundred square feet of real property, the governmental body shall also cause such advertisement to be published, at least thirty days before the opening of proposals, in the central register published by the state secretary pursuant to section twenty A of chapter nine.

(e) The governmental body may shorten or waive the advertising requirement if:

(1) the governmental body determines that an emergency exists and the time required to comply with the requirements would endanger the health or safety of the people or their property; provided, however, that the governmental body shall state the reasons for declaring the emergency in the central register at the earliest opportunity; or

(2) in the case of a proposed acquisition, the governmental body determines in writing that advertising will not benefit the governmental body's interest because of the unique qualities or location of the property needed. The determination shall specify the manner in which the property proposed for acquisition satisfies the unique requirements. The governmental body shall publish the determination and the reasons for the determination, along with the names of the parties having a beneficial interest in the property pursuant to section forty J of chapter seven, the location and size of the property, and the proposed purchase price or rental terms, in the central register not less than thirty days before the governmental body executes a binding agreement to acquire the property.

(f) Proposals shall be opened publicly at the time and place designated in the advertisement. The governmental body shall submit the name of the person selected as party to a real property transaction, and the amount of the transaction, to the state secretary for publication in the central register.

(g) If the governmental body decides to dispose of property at a price less than the value as determined pursuant to paragraph (b), the governmental body shall publish notice of its decision in the central register, explaining the reasons for its decision and disclosing the difference between such value and the price to be received.

(h) This section shall not apply to the rental of residential property to qualified tenants by a housing authority or a community development authority.

(i) Acquisitions or dispositions of real property or any interest therein pursuant to this section between governmental bodies and the federal government, the commonwealth or any of its political subdivisions or another state or political subdivision thereof shall be subject to subsections (a), (b) and (g).

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1997–2025 · leading case: Marchese v. Bos. Redevelopment Auth., 130 N.E.3d 1222 (Mass. 2019).
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Marchese v. Bos. Redevelopment Auth., 130 N.E.3d 1222 (Mass. 2019). “real property by a[n] ... urban renewal agency engaged in the development and disposition of said real property in accordance with a plan approved by the appropriate authorizing authority.”
Brasi Dev. Corp. v. Attorney Gen., 925 N.E.2d 826 (Mass. 2010). · cites it 2× “7, §§ 40G, 40H; G. L. c. 30B, § 16. DCAM has supervisory authority over all State rental agreements.”
Omnipoint Commc'ns MB Operations, LLC v. Town of Lincoln, 107 F. Supp. 2d 108 (D. Mass. 2000). “See Mass.Gen.L. ch. 30B, § 16(c). While the Town’s recalcitrance in making these two parcels available for leasing does not bear upon the relief requested in this case, it may be indicative of the Town's hostility towards wireless providers and WCFs.”
City of Revere v. Boston/Logan Airport Assocs., LLC, 443 F. Supp. 2d 121 (D. Mass. 2006). “The City maintains that its conduct with respect to the Ocean Avenue Property derives from Mass. Gen. Laws ch. 30B, § 16, which sets forth the process for municipal dispositions of real property and states that the governmental body “shall specify restrictions, if any, that it…”
Morton Street LLC v. Sheriff of Suffolk Cnty., 453 Mass. 485 (Mass. 2009). “13 Nor do we consider whether, if the sheriff’s contracts were governed by the Act, its leasing of real estate would be governed solely by the provisions of G. L. c. 30B, § 16, rather than the bidding requirements and limitations in G.”
Andrews v. City of Springfield, 915 N.E.2d 1133 (Mass. App. Ct. 2009). · cites it 2× “See G. L. c. 30B, § 16(c)(1). Judgment was subsequently entered in favor of Springfield, and the plaintiffs have appealed.”
Ten Taxpayer Grp. v. City of Fall River Redevelopment Auth., 27 Mass. L. Rptr. 536 (Mass. Super. Ct. 2010). · cites it 7× “The complaint asserts that the proposed sale of the Premises to the Mashpee Wampanoag Tribe (the “Tribe”) would violate the Bioreserve Act and would be contrary to the provisions of M.G.L.c. 30B, §16, which require that the conveyance or other disposition of real property or any…”
320 Fall River, LLC v. Seekonk, Town of (D. Mass. 2025). · cites it 3× “30B Defendants argue that Plaintiffs are not likely to succeed on their claim that the Town violated M.G.L. c. 30B §§ 16 and 17 because those provisions do not apply to the Town’s purchase of the Property under M.”
Airport Fuel Servs., Inc. v. Martha's Vineyard Airport Comm'n (Mass. App. Ct. 2023). “" G. L. c. 30B, § 16 (a). Section 16, unlike 4 When MVAC issued the RFP, § 6 governed competitive sealed proposals for procurement contracts in the amount of more than $50,000.”
Town of Randolph v. Town of Stoughton, 7 Mass. L. Rptr. 73 (Mass. Super. Ct. 1997). · cites it 2× “82, §21, G.L.c. 30B, §16 and G.L.c. 40, §15. Finally, Count VII of the complaint seeks a declaration that, even assuming that the Planning Board’s ANR endorsement was proper, the resulting lot violates Stoughton Zoning By-law.”
Touher v. Town of Essex, 36 N.E.3d 40 (Mass. App. Ct. 2015). “To that end, the town successfully pursued a special act of the Legislature to allow it to enter into bridge leases with the residents, without the need to comply with the formal bidding process mandated by G. L. c. 30B, § 16. On May 2, 2011, “An Act Authorizing the Lease of…”
Mangano v. Town of Wilmington, 9 Mass. L. Rptr. 26 (Mass. Super. Ct. 1998). “” The plaintiffs second and more significant contention is that G.L.c. 30B, §16, the statute pursuant to which the property was put out to bid, contains no language authorizing governmental bodies to reject all *28 bids for property they have placed on the market for sale.”
— Mass. Gen. Laws ch. 30B, § 16(a) — 1 case
320 Fall River, LLC v. Seekonk, Town of (D. Mass. 2025). “30B Defendants argue that Plaintiffs are not likely to succeed on their claim that the Town violated M.G.L. c. 30B §§ 16 and 17 because those provisions do not apply to the Town’s purchase of the Property under M.”
— Mass. Gen. Laws ch. 30B, § 16(b)(c) — 1 case
Ten Taxpayer Grp. v. City of Fall River Redevelopment Auth., 27 Mass. L. Rptr. 536 (Mass. Super. Ct. 2010). “The complaint asserts that the proposed sale of the Premises to the Mashpee Wampanoag Tribe (the “Tribe”) would violate the Bioreserve Act and would be contrary to the provisions of M.G.L.c. 30B, §16, which require that the conveyance or other disposition of real property or any…”
— Mass. Gen. Laws ch. 30B, § 16(c) — 1 case
Omnipoint Commc'ns MB Operations, LLC v. Town of Lincoln, 107 F. Supp. 2d 108 (D. Mass. 2000). “See Mass.Gen.L. ch. 30B, § 16(c). While the Town’s recalcitrance in making these two parcels available for leasing does not bear upon the relief requested in this case, it may be indicative of the Town's hostility towards wireless providers and WCFs.”
— Mass. Gen. Laws ch. 30B, § 16(c)(1) — 1 case
Andrews v. City of Springfield, 915 N.E.2d 1133 (Mass. App. Ct. 2009). “See G. L. c. 30B, § 16(c)(1). Judgment was subsequently entered in favor of Springfield, and the plaintiffs have appealed.”
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