Massachusetts General Laws

Mass. Gen. Laws ch. 79, § 14 (2026)

Petition to superior court

✓ current as of July 2026

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Section 14. A person entitled to an award of his damages under this chapter or the body politic or corporate bound to pay the same, whether a petition has or has not been filed or award made under section six, seven, nine or ten, may petition for the assessment of such damages to the superior court of the county in which the property taken or injured was situated. If a single parcel of land so taken or injured lies in more than one county, the petition may be filed in the superior court of either such county, and the court in which such petition is first filed shall have exclusive jurisdiction thereof and shall assess damages as though the land lay entirely in one county; provided, that if a petition for damages has previously been filed under section eleven, the petition to the superior court shall be filed in the same county. If the land injured lies outside the commonwealth, such petition shall be filed in the superior court of the county in which the public improvement which caused the injury is situated.

Notes of Decisions

Cited in 44 cases (2 in the last 5 years), 1923–2025 · leading case: McLaughlin v. Bd. of Selectmen, 664 N.E.2d 786 (Mass. 1996).

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McLaughlin v. Bd. of Selectmen, 664 N.E.2d 786 (Mass. 1996). “The plaintiff sued for an assessment of damages under G. L. c. 79, § 14 (1994 ed.). A judge in the Superior Court entered judgment for the plaintiff in the sum of $275,000 following a trial and jury verdict in that amount.”

Wendy's Old Fashioned Hamburgers of New York, Inc. v. Bd. of Appeal, 909 N.E.2d 1161 (Mass. 2009). “See G. L. c. 79, § 14. In 1999, pursuant to an agreement for judgment, the town paid Wendy’s an additional $60,000.”

Lawrence v. Town of Concord, 788 N.E.2d 546 (Mass. 2003). “Lawrence brought an action for damages under G. L. c. 79, § 14. 1 On cross motions for summary judgment a Superior Court judge concluded that Lawrence failed to establish title to the locus through Frazier’s adverse possession because “Frazier’s possession could not have been…”

North Shore Realty Trust v. Commonwealth, 747 N.E.2d 107 (Mass. 2001). “A person entitled to compensation for such taking may bring a petition under G. L. c. 79, § 14, to assess damages. If a petitioner is successful, the obligation of the taking entity to pay costs is expressly set forth in two separate sections.”

Roman Catholic Bishop of Springfield v. Commonwealth, 392 N.E.2d 829 (Mass. 1979). · cites it 2× “See G. L. c. 79, § 14. By an order dated December 29, 1965, the Commonwealth laid out Interstate Route 291, a limited access highway, in the city of Springfield.”

Lichoulas v. City of Lowell, 937 N.E.2d 65 (Mass. App. Ct. 2010). · cites it 2× “The plaintiff alternatively sought, under that court’s supplemental jurisdiction, compensation for the taking pursuant to G. L. c. 79, § 14 (Federal court compensation claim).”

Verrochi v. Commonwealth, 477 N.E.2d 366 (Mass. 1985). “On June 19, 1974, the plaintiffs filed a petition for assessment of damages under *635 G. L. c. 79, § 14. On June 23, 1983, a jury returned a verdict of $3,000,000 for the plaintiffs.”

Byfield v. City of Newton, 141 N.E. 658 (Mass. 1923). “*60 The petitioner asked for an injunction to restrain the city and its officers from entering on the land described in the taking on the ground that she was entitled in a petition for the assessment of her damages under G. L. c. 79, §§ 14, 22 (to be hereafter brought if this…”

M.B. Claff, Inc. v. Massachusetts Bay Transp. Auth., 808 N.E.2d 238 (Mass. 2004). “See G. L. c. 79, § 14. Claff s complaint did not contain any allegation that the rate of interest set by G.”

Brush Hill Dev., Inc. v. Commonwealth, 155 N.E.2d 170 (Mass. 1959). “This is a petition under G. L. c. 79, § 14, for the assessment of damages for the taking (by order recorded August 29, 1955, and entry on September 7, 1955) of land in Milton for State highway purposes.”

Clifford v. Algonquin Gas Transmission Co., 604 N.E.2d 697 (Mass. 1992). “On February 27, 1989, the Cliffords filed an action for assessment of damages in accordance with G. L. c. 79, § 14 (1990 ed.). Prior to trial, Algonquin filed a motion in limine seeking, inter alia, the exclusion of subdivision development plans of the property, along with…”

Roach v. Newton Redevelopment Auth., 396 N.E.2d 170 (Mass. App. Ct. 1979). “G. L. c. 79, § 14. The petitions were tried to a Superior Court judge without a jury and thereafter before a Superior Court judge with a jury.”

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