Massachusetts General Laws

Mass. Gen. Laws ch. 79, § 17 (2026)

Time for filing petition when original proceedings quashed

✓ current as of July 2026

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Section 17. If a person petitions for an award or assessment of his damages within the time limited by law, or is a party to such petition by another person, and the petition is quashed, abated or otherwise avoided or defeated for any inaccuracy, irregularity or matter of form, or if, after verdict for such petitioner or other party, the judgment is arrested or reversed on a writ of error, or the proceedings are quashed on certiorari, such petitioner or other party may begin such proceedings anew within one year after such abatement, reversal or other determination.

Notes of Decisions

Cited in 3 cases, 1929–1973 · leading case: Jordan v. Cnty. Commissioners, 167 N.E. 652 (Mass. 1929).

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Jordan v. Cnty. Commissioners, 167 N.E. 652 (Mass. 1929). · cites it 2× “Thereafter the petitioner filed a motion in which he set forth that he had named erroneously the Commonwealth of Massachusetts as the respondent instead of the county commissioners of Bristol County, and moved that the petition be “quashed or abated in accordance with the…”

Gifford v. Spehr, 266 N.E.2d 657 (Mass. 1971). “It was held that the provisions of *663 G. L. c. 79, § 17 (somewhat comparable to those found in G.”

Fram v. City of Boston, 292 N.E.2d 356 (Mass. 1973). · cites it 2× “The plaintiff relies on G. L. c. 79, § 17, as authority for a remanding of this case to be tried as a petition for assessment of damages.”

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