Massachusetts General Laws

Mass. Gen. Laws ch. 79, § 18 (2026)

Time for filing petition when validity of taking is contested

✓ current as of July 2026

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Section 18. If a suit, in which the right of a body politic or corporate to effect a particular public improvement or to make a particular taking is drawn in question, is brought within the time for filing a petition to the proper tribunal for an award or assessment of the damages caused by such improvement or taking, or within six months after the determination of an earlier suit involving the same question, brought within the time for filing such petition, which failed for want of jurisdiction, defect of form or other like cause not decisive of the merits of the controversy, the petition may be filed within six months after the final determination of such suit.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1974–2025 · leading case: Devine v. Town of Nantucket, 449 Mass. 499 (Mass. 2007).

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Devine v. Town of Nantucket, 449 Mass. 499 (Mass. 2007). “but any person, including every mortgagee of record, whose property has been taken or injured, and who has not received notice under section eight or otherwise of the proceedings whereby he is entitled to damages at least sixty days before the expiration of such three years, may…”

Town of Chelmsford v. DiBiase, 345 N.E.2d 373 (Mass. 1976). “Judgments were entered in both cases declaring that the tract was legally taken by the town on December 28, 1971, that the HAC grant of a comprehensive permit to Riverside was void, and that the time for filing a petition for assessment of damages under G. L. c. 79, § 18, is…”

Raimondo v. Town of Burlingon, 319 N.E.2d 895 (Mass. 1974). “See G. L. c. 79, § 18. We do not think, however, that she was required to ascertain at her peril whether such a petition would be governed by that section or by the two year limitation of G.”

Grafton & Upton R.R. Co. v. Town of Hopedale (D. Mass. 2023). “The Court is not persuaded by Defendants’ argument that GURR has an adequate remedy at law under Mass. Gen. Laws ch. 79, § 18 . Contrary to Defendants characterization, Chapter 79, § 18 does not operate as a defense to a proposed taking but only provides a mechanism to…”

Wendy Swolinzky v. Town of Aquinnah & Another. (Mass. App. Ct. 2025). “6 We are unpersuaded by Swolinzky's contention that G. L. c. 79, § 18, tolls the limitations period until September 2019.”

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