Mass. Gen. Laws » Part I Title XIII Chapter 79
Massachusetts General Laws

Mass. Gen. Laws ch. 79, § 12 (2026)

Measure of damages; federal reimbursement

✓ current as of July 2026
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Section 12. The damages for property taken under this chapter shall be fixed at the value thereof before the recording of the order of taking, and in case only part of a parcel of land is taken there shall be included damages for all injury to the part not taken caused by the taking or by the public improvement for which the taking is made; and there shall be deducted the benefit accruing to the part not taken unless it was stated in the order of taking that betterments were to be assessed. In determining the damages to a parcel of land injured when no part of it has been taken, regard shall be had only to such injury as is special and peculiar to such parcel, and there shall be deducted the benefit accruing to such parcel, unless it was stated in the order of taking, or if there was no taking in the order for the establishment, construction, alteration, repair or discontinuance of the public improvement which caused the injury, that betterments were to be assessed. Whenever the title or interest taken is such that the property will be exempt from taxation so long as it is held and used for the purpose for which it is taken, the damages for the taking shall include an amount or amounts separately determined and stated which shall be estimated to be equal to that portion of the tax assessed upon the property for the fiscal year in which it is taken which, if the tax were apportioned pro rata according to the number of days in such fiscal year, would be allocable to the days ensuing after the taking, and an additional amount equal to the tax assessed against the property for the ensuing fiscal year, if the taking is made between January first and June thirtieth inclusive. Notwithstanding the other provisions of this section, in a program eligible for federal financial assistance, whenever the federal government authorizes a federal agency to allow a measure of damage, or other standard for payments to owners of property taken which would increase the payments to said owners over the measure of damages set forth hereunder, then in such cases the measure of damages shall be the measure of damages set forth hereunder plus any such increase, provided that the taking agency will receive partial or full reimbursement from the federal government for such increase.

Notes of Decisions
Cited in 50 cases (2 in the last 5 years), 1928–2024 · leading case: Boston Edison Co. v. Massachusetts Water Resources Auth., 947 N.E.2d 544 (Mass. 2011).
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Boston Edison Co. v. Massachusetts Water Resources Auth., 947 N.E.2d 544 (Mass. 2011). · cites it 4× “Boston Edison Company (Boston Edison) brought this action under G. L. c. 79, § 12, to recover damages caused by four eminent domain takings by the Massachusetts Water Resources Authority (MWRA) on property known as the Fore River Station (site) in the town of Weymouth and city…”
Town of Burlington v. Town of Bedford, 628 N.E.2d 1280 (Mass. 1994). · cites it 5× “At issue is whether the loss of a “reasonably probable” future access to a public way is compensable *162 under G. L. c. 79, § 12 (1992 ed.). 1 The plaintiff, the town of Burlington, appeals from a judgment dismissing counts II through V of Burlington’s complaint, and entry of a…”
Malone v. Commonwealth, 389 N.E.2d 975 (Mass. 1979). · cites it 4× “They commenced an action in the Superior Court for Hampden County, pursuant to G. L. c. 79, § 12, to recover for "permanent” diminution in the market value of their property caused, so they claimed, by the relocation of a part of a State highway on which the property abutted.”
Correia v. New Bedford Redevelopment Auth., 377 N.E.2d 909 (Mass. 1978). · cites it 2× “The plaintiff brought this petition for assessment of damages (G. L. c. 79, § 12) arising out of the taking by the defendant of two parcels of land owned by the plaintiff in New Bedford.”
Lopes v. City of Peabody, 430 Mass. 305 (Mass. 1999). · cites it 5× “Lopes argues that he is entitled to a tax reimbursement based on that part of G. L. c. 79, § 12, 9 which provides for real estate taxes as an element of damage in eminent domain cases, and G.”
McSorley v. Town of Hancock, 417 N.E.2d 982 (Mass. App. Ct. 1981). · cites it 2× “The prior action was brought to recover damages for the 1969 taking and the public improvements for which that taking was made.”
Miczek v. Commonwealth, 586 N.E.2d 1004 (Mass. App. Ct. 1992). · cites it 4× “Because no portion of the plaintiffs’ property was taken, damages were determined under the second sentence of G. L. c. 79, § 12, which provides that “when no part of [the parcel] has been taken, regard shall be had only to such injury as is special and peculiar to such parcel .”
Dep't of Cmty. Affairs v. Massachusetts State Coll. Bldg. Auth., 392 N.E.2d 1006 (Mass. 1979). “In relocating, he must incur expenses not recoverable under the measure of damages provided by G. L. c. 79, § 12, apart from consideration of the factor of Federal reimbursement.”
Cole v. Boston Edison Co., 157 N.E.2d 209 (Mass. 1959). · cites it 2× “The petitioners contend that since under G. L. c. 79, § 12, the enhancement of value of their remaining land was to be deducted in determining the value of the land taken from them on May 12 , they are entitled as a matter of law to recover for the later injury to that remaining…”
Paul's Lobster, Inc. v. Commonwealth, 758 N.E.2d 145 (Mass. App. Ct. 2001). · cites it 3× “” G. L. c. 79, § 12. Here, the plaintiff claims that it sustained injury pursuant to G.”
Roman Catholic Bishop of Springfield v. Commonwealth, 392 N.E.2d 829 (Mass. 1979). · cites it 2× “The case presents for our decision the single question of law whether the damages awarded comport with the measure provided in G. L. c. 79, § 12. That section provides in relevant part that "[t]he damages for property taken under this chapter shall be fixed at the value thereof…”
Tassinari v. Massachusetts Tpk. Auth., 197 N.E.2d 584 (Mass. 1964). · cites it 2× “Since the petitioner's property was not taken, the petitioner may recover damages for any injury which she may have suffered as a result of the respondent's acts only when that injury is "special and peculiar" within the meaning of G.L.c. 79, § 12. [1] We are satisfied that as…”
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