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

Mass. Gen. Laws ch. 79, § 8A (2026)

Offer of settlement; payment pro tanto; refund of excess

✓ current as of July 2026
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Section 8A. The board of officers who have made a taking under this chapter shall, prior to the expiration of sixty days subsequent to the recording of the order of taking, offer in writing to every person entitled to damages on account of such taking a reasonable amount which such board is willing to pay, either in settlement under section thirty-nine of all damages for such taking with interest thereon, together with taxable costs, if any, or as a payment pro tanto. If such person elects to accept the offer as a pro tanto payment, such election shall be without prejudice to or waiver or surrender of any right to claim a larger sum by proceeding before an appropriate tribunal. If such tribunal shall assess damages in an amount less than the amount actually paid as a pro tanto payment, the petitioner shall be ordered by a proper decree to refund to the body politic or corporate an amount equal to the difference between the pro tanto payment and the amount of damages so found by such tribunal, plus costs and interest at the rate calculated pursuant to the provisions of section thirty-seven from the date when such damages were assessed.

After a pro tanto payment has been made or after an offer of payment has been made in writing as required by this section and not accepted, no interest shall be recovered except upon such amount of damages as shall upon final adjudication be in excess of said payment or in excess of the written offer of payment as herein described; provided, however, that all taxable costs accruing subsequently to such payment or to such written offer of payment shall be recoverable by the petitioner if the adjudicated damages exceed such payment or such offer, otherwise the petitioner shall be liable for and pay such costs.

Notes of Decisions
Cited in 9 cases, 1970–2018 · leading case: Hannon v. City of Newton, 744 F.3d 759 (1st Cir. 2014).
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Hannon v. City of Newton, 744 F.3d 759 (1st Cir. 2014). · cites it 6× “See Mass. Gen. Laws ch. 79, § 8A. He was awarded $420,000 as damages for undercompensation on July 6, 2010.”
Truck Terminal Realty Co. v. Boston Redevelopment Auth., 339 N.E.2d 891 (Mass. 1976). · cites it 3× “G. L. c. 79, § 8A. The plaintiff claims interest on the amount of the pro tanto payment from the date of taking until the date it received notice that the payment was available to it.”
North Shore Realty Trust v. Commonwealth, 747 N.E.2d 107 (Mass. 2001). “” *114 G. L. c. 79, § 8A. With specific reference to actions brought under § 14 (the section under which the present action was commenced), the statute provides: “In all proceedings brought under section fourteen, if a petition is filed after an award of damages has been made…”
Salem Realty Co. v. Matera, 410 N.E.2d 716 (Mass. App. Ct. 1980). “See G. L. c. 79, § 8A. Expenses of litigation, e.”
Verrochi v. Commonwealth, 477 N.E.2d 366 (Mass. 1985). “The Commonwealth made a pro tanto payment of $1,330,000 to the plaintiffs under G. L. c. 79, § 8A. On June 19, 1974, the plaintiffs filed a petition for assessment of damages under *635 G.”
R. H. White Realty Co. v. Boston Redevelopment Auth., 358 N.E.2d 440 (Mass. 1976). “” We think these letters are clear assertions that the awards were not yet “payable.”
Horne v. Boston Redevelopment Auth., 266 N.E.2d 634 (Mass. 1970). · cites it 2× “They argue that the respondent thereby failed to comply with G. L. c. 79, § 8A, as appearmg in St. 1959, c.”
Rodman v. Commonwealth, 86 Mass. App. Ct. 500 (Mass. App. Ct. 2014). “As is their right pursuant to G. L. c. 79, §§ 8A and 14, after receiving a pro tanto award, the plaintiffs commenced this action seeking a greater damages award.”
Clemmey v. Commonwealth, 119 N.E.3d 354 (Mass. App. Ct. 2018). “The Commonwealth, pursuant to G. L. c. 79, § 8A, tendered pro tanto awards to the plaintiffs: $348,000 for 760 South Main Street, $310,000 for 780 South Main Street, and $800,000 for 784 South Main Street.”
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