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

Mass. Gen. Laws ch. 79, § 7A (2026)

Appraisal as pre-requisite to payment of damages

✓ current as of July 2026
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Section 7A. An award of damages made pursuant to section six or section seven shall not be made until at least one appraisal has been made in accordance with section twelve on behalf of the taking authority and filed therewith; unless all persons entitled to damages by reason of the taking shall have made a prior written request of the taking authority that the taking be made without awaiting such appraisal and filing, in which event the taking authority may award only nominal damages at the time of adoption of the order but shall, within four months after the taking and after such appraisal is made and filed, amend the award of damages to reflect the damages sustained, and shall immediately after such amendment given written notice thereof to the same persons and in the same manner of service specified by section seven C and, notwithstanding any contrary provision of law, any interest either on damages or on the excess of any payment or deposit made by the taking authority over damages subsequently assessed shall run only from the date of such amendment or the expiration of such four months, whichever is earlier. Notwithstanding the foregoing, no appraisal shall be made by the taking authority if all persons entitled to damages by reason of such taking waive, in writing, their right to any damages.

Notes of Decisions
Cited in 4 cases, 1976–2011 · leading case: Trs. of the Stigmatine Fathers, Inc. v. Sec'y of Admin. & Fin., 341 N.E.2d 662 (Mass. 1976).
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Trs. of the Stigmatine Fathers, Inc. v. Sec'y of Admin. & Fin., 341 N.E.2d 662 (Mass. 1976). “We think it was sufficient if the appraisal provided the kind of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs.”
Spenlinhauer v. Spencer Press, Inc., 959 N.E.2d 436 (Mass. App. Ct. 2011). “See G. L. c. 79, § 7A (award of damages requires “at least one appraisal” unless this requirement is waived by the parties).”
Coleman v. Boston Redevelopment Auth., 809 N.E.2d 538 (Mass. App. Ct. 2004). “BRA made successive eminent domain takings; *240 for each parcel taken, BRA secured two real estate appraisals, in accord with G. L. c. 79, § 7A. Some owners accepted in full payment the pro tanto payments offered to them.”
City of Springfield v. Dreison Investments, Inc., 11 Mass. L. Rptr. 379 (Mass. Super. Ct. 2000). “The pertinent provision of G.L.c. 79, §7A, states: "An award of damages made pursuant to section six .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.