Massachusetts General Laws

Mass. Gen. Laws ch. 79, § 1 (2026)

Order of taking; contents

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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.

Notes of Decisions

Cited in 25 cases (1 in the last 5 years), 1923–2021 · leading case: Byfield v. City of Newton, 141 N.E. 658 (Mass. 1923).

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Byfield v. City of Newton, 141 N.E. 658 (Mass. 1923). · cites it 4× “” It is required by G. L. c. 79, § 1, that, when a taking is made by eminent domain, the order therefor shall among other matters state “ the purpose for which such property is taken.”

North Shore Realty Trust v. Commonwealth, 747 N.E.2d 107 (Mass. 2001). “” G. L. c. 79, § 1. The Commonwealth is a “body politic,” and is obviously one of the entities that may take property by eminent domain.”

Hannon v. City of Newton, 744 F.3d 759 (1st Cir. 2014). “Mass. Gen. Laws ch. 79, §§ 1 , 2; Lichoulas v.”

Mun. Light Co, Ashburnham v. Commonwealth, 608 N.E.2d 743 (Mass. App. Ct. 1993). “Of course there was no taking in the formal sense of G. L. c. 79, § 1. If there is a taking claim it must rest upon G.”

McSorley v. Town of Hancock, 417 N.E.2d 982 (Mass. App. Ct. 1981). “In these circumstances, the defendants have fallen far short of showing that damages for flooding or potential flooding of the eight acres were determined, let alone were an essential element, in the prior judgment. 3. Other matters. The plaintiff is, therefore, not barred, 10…”

Inhabitants of Watertown v. Dana, 150 N.E. 860 (Mass. 1926). “” G. L. c. 79, §§ 1, 3. Provision is made in G.”

Radway v. Selectmen of Dennis, 266 Mass. 329 (Mass. 1929). “See G. L. c. 79, §§ 1, 13, Broderick v. Department of Mental Diseases, 263 Mass.”

Antoun v. Commonwealth, 20 N.E.2d 423 (Mass. 1939). “After a purported taking of the petitioner’s land by the county of Worcester, which was invalid for failure to state the interest taken (G. L. c. 79, § 1; Walker v. Medford, 272 Mass.”

Curtis v. City of Boston, 142 N.E. 95 (Mass. 1924). · cites it 2× “G. L. c. 79, § 1. G. L. c. 82, § 37. St. 1893, c.”

Lichoulas v. City of Lowell, 937 N.E.2d 65 (Mass. App. Ct. 2010). “” G. L. c. 79, § 1. Chwalek v. Pittsfield, 3 Mass.”

Broderick v. Dep't of Mental Diseases, 160 N.E. 404 (Mass. 1928). “By G. L. c. 79, § 1, it is provided: “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…”

Blakeley v. Gorin, 313 N.E.2d 903 (Mass. 1974). “While G.L.c. 79, § 1, authorizes eminent domain proceedings to take "any interest" in real property, and thus a restrictive covenant may theoretically be said to be "taken," the Commonwealth here is surely not taking an interest in the ordinary sense of that word.”

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