Massachusetts General Laws

Mass. Gen. Laws ch. 79, § 2 (2026)

Officials authorized to exercise eminent domain

✓ current as of July 2026

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Section 2. Where no other provision is made by law, a taking of land by eminent domain by or on behalf of the commonwealth shall be made by the governor and council, a taking by or on behalf of a county by the county commissioners of such county, a taking by or on behalf of a city by the aldermen, a taking by or on behalf of a town by the selectmen, a taking by or on behalf of a district by its prudential committee and a taking by or on behalf of a private corporation by its board of directors.

Notes of Decisions

Cited in 3 cases, 1971–2009 · leading case: Wendy's Old Fashioned Hamburgers of New York, Inc. v. Bd. of Appeal, 909 N.E.2d 1161 (Mass. 2009).

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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, § 2 (“Where no other provision is made by law, a taking of land by eminent domain by or on .”

Opinion of the Justices to the Governor, 274 N.E.2d 336 (Mass. 1971). · cites it 3× “Your questions relate to the possibility of curative legislation or of curative action by the Governor and Council under G. L. c. 79, § 2. The questions are: “1. Where many state agencies, over a period of many years, have purported to make takings of land by eminent domain on…”

City of Newton v. Trs. of State Colleges, 270 N.E.2d 907 (Mass. 1971). · cites it 3× “” G. L. c. 79, § 2. Statute 1968, c. 476, entitled, “An Act to provide for a capital outlay program for the commonwealth,” provides in § 1 that “the sums set forth in section two of this act .”

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