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

Mass. Gen. Laws ch. 79, § 37 (2026)

Interest on award of damages

✓ current as of July 2026
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Section 37. Damages under this chapter shall bear interest at the rate calculated pursuant to the provisions of this section from the date on which the right to damages under this chapter vested until paid, except that an award shall not bear interest after it is payable unless the body politic or corporate liable therefor fails upon demand to pay the same to the person entitled thereto. Interest shall be added by the clerk of the court to the damages expressed in a verdict, finding, or order for judgment. A judgment, whether against the commonwealth or any other body politic or corporate, shall bear interest at the rate calculated pursuant to the provisions of this section from the date of the entry of such judgment to and including the last day of the month prior to the month in which such judgment is satisfied, except that a judgment against the commonwealth shall not bear interest if it is satisfied within thirty days of such entry.

Where the period for which prejudgment interest is owed is not more than one year, such interest shall be calculated at an annual rate equal to the weekly average one-year constant maturity treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the date on which the right to damages under this chapter vested. Where the period for which prejudgment interest is owed is more than one year, such interest for the first year shall be calculated in accordance with the preceding sentence, and such interest for each additional year shall be calculated on the principal amount due at an annual rate equal to the weekly average one-year constant maturity treasury yield, as published by the board of governors of the Federal Reserve System, for the calendar week preceding the beginning of each additional year. Post–judgment interest shall be calculated in the same manner as pre-judgment interest, but using, in the first year after judgment, the rate for the calendar week preceding the date on which judgment entered, and in any additional year, the rate for the calendar week preceding the beginning of such additional year.

The secretary of administration and finance shall maintain a schedule of the rates described herein for distribution, upon request, to all clerks of courts and all board of officers upon whom authority to take real estate by eminent domain under this chapter on behalf of any body politic or corporate that has been conferred by law.

Notes of Decisions
Cited in 30 cases, 1976–2019 · leading case: Liberty Square Dev. Trust v. City of Worcester, 808 N.E.2d 245 (Mass. 2004).
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Liberty Square Dev. Trust v. City of Worcester, 808 N.E.2d 245 (Mass. 2004). · cites it 16× “, ante 596 (2004), the present appeal contends that the Superior Court judge erred in utilizing the statutory interest rate set by G. L. c. 79, § 37, to calculate the interest to be awarded as part of an eminent domain damages case.”
Boston Edison Co. v. Massachusetts Water Resources Auth., 947 N.E.2d 544 (Mass. 2011). · cites it 5× “Boston Edison also moved that damages bear interest at the “prudent investor” rate of fifteen per cent per annum rather than the statutory rate established in G. L. c. 79, § 37, because the statutory rate fell below the constitutional minimum, or, alternatively, that damages…”
Verrochi v. Commonwealth, 477 N.E.2d 366 (Mass. 1985). · cites it 7× “In 1981 the Legislature amended G. L. c. 79, § 37, by St. 1981, c. 800, § 3 (1981 amendment), to provide that damages assessed in land taking actions under the eminent domain statute, G.”
M.B. Claff, Inc. v. Massachusetts Bay Transp. Auth., 808 N.E.2d 238 (Mass. 2004). · cites it 9× “In this appeal, we have been asked to rule that the statute setting the interest rate for judgments in eminent domain cases, G. L. c. 79, § 37, 1 is unconstitutional because, as applied to this plaintiff, the rate that it prescribes is so low as to be *597 confiscatory pursuant…”
Locator Servs. Grp., Ltd. v. Treasurer & Receiver Gen., 825 N.E.2d 78 (Mass. 2005). · cites it 3× “The Treasurer also argues that G. L. c. 79, § 37, relating to the interest to be calculated on an eminent domain taking for the period between the date of taking and the date of an award, provides only for simple interest, suggesting that simple interest is likewise appropriate…”
North Shore Realty Trust v. Commonwealth, 747 N.E.2d 107 (Mass. 2001). · cites it 3× “” G. L. c. 79, § 37. The express reference to the Commonwealth in § 37 is explainable, at least in part, by the fact that there is a unique provision precluding interest if the Commonwealth, as opposed to any other taking authority, pays the judgment promptly.”
M.B. Claff, Inc. v. Massachusetts Bay Transp. Auth., 797 N.E.2d 426 (Mass. App. Ct. 2003). · cites it 9× “We address the question of the validity and implementation of G. L. c. 79, § 37, 1 providing for the payment of interest on judgments in eminent domain cases in light of those provisions of the United States Constitution and the Massachusetts Declaration of Rights 2 that require…”
Roberts v. Worcester Redevelopment Auth., 759 N.E.2d 1220 (Mass. App. Ct. 2001). · cites it 4× “The rate of interest in contention is that set forth in the second paragraph of G. L. c. 79, § 37, as inserted by St. 1993, c.”
Bromfield v. Commonwealth, 508 N.E.2d 842 (Mass. 1987). · cites it 2× “633 (1985), holding that under G. L. c. 79, § 37 (St. 1981, c. 800, § 3), prejudgment interest at the rate of 10% (not 6%) should be paid on all land damage verdicts entered after April 13, 1982, the effective date of the 1981 act.”
Bromfield v. Treasurer & Receiver Gen., 459 N.E.2d 445 (Mass. 1983). · cites it 3× “By letter dated September 16, 1982, counsel for the plaintiffs made demand upon the MDC for payment of the judgment, with interest, pursuant to G. L. c. 79, § 37. On September 29, 1982, the MDC responded by stating that the executive assistant to the Commissioner of the MDC had…”
Smyth v. Conservation Comm'n of Falmouth, 119 N.E.3d 1188 (Mass. App. Ct. 2019). · cites it 3× “The plaintiff filed a motion for costs and for interest on the damages award pursuant to G. L. c. 79, § 37 (governing eminent domain), or alternatively, pursuant to G.”
Salem Country Club, Inc. v. Peabody Redevelopment Auth., 487 N.E.2d 864 (Mass. App. Ct. 1986). · cites it 2× “633 (1985), a single justice of this court granted *438 leave to Salem to file a late appeal from a judgment (entered August 27, 1984) which reflected a failure of the trial court clerk to compute interest in accordance with G. L. c. 79, § 37, as appearing in St. 1981, c.”
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