Massachusetts General Laws

Mass. Gen. Laws ch. 79, § 41 (2026)

Finality of award; remedy for collection

✓ current as of July 2026

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Section 41. If no petition under section fourteen is filed within the time limited, the award of damages shall be final and the amount thereof shall be paid upon demand, and if not so paid may be recovered in an action of contract.

Notes of Decisions

Cited in 2 cases, 1984–2005 · leading case: Eldredge v. Bd. of Selectmen, 18 Mass. App. Ct. 502 (Mass. App. Ct. 1984).

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Eldredge v. Bd. of Selectmen, 18 Mass. App. Ct. 502 (Mass. App. Ct. 1984). · cites it 5× “The question for decision is whether the plaintiffs’ claim is time-barred, as a Superior Court judge decided, or whether it has life under G. L. c. 79, § 41. *503 The record below was established in accordance with Mass.”

Locator Servs. Grp., Ltd. v. Treasurer & Receiver Gen., 825 N.E.2d 78 (Mass. 2005). “Alternatively, the Treasurer argues that Locator Services’s claim is actually a contract claim governed by G. L. c. 79, § 41, and that, accordingly, mandamus is not available where another remedy exists.”

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