Massachusetts General Laws

Mass. Gen. Laws ch. 79, § 9 (2026)

Injuries to realty caused by improvements not constituting a taking

✓ current as of July 2026

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Section 9. When injury has been caused to the real estate of any person by the establishment, construction, maintenance, operation, alteration, repair or discontinuance of a public improvement which does not involve the taking of private property, and he is entitled to compensation by law for such injury, if such establishment, construction, maintenance, operation, alteration, repair or discontinuance was effected by or in accordance with a formal vote or order of the board of officers of a body politic or corporate duly authorized by law, the damages shall be awarded, determined and collected and notice of the order shall be given in the same manner as if there had been a taking of property on behalf of such body politic or corporate under section one. In case such establishment, construction, maintenance, operation, alteration, repair or discontinuance is an improvement for which betterments may be assessed, such vote or order shall state whether betterments are to be assessed therefor. The damages shall be assessed as of the date when the vote or order is adopted, but the right to damages shall not vest and the damages shall not be paid until the work which caused the injury has been completed, or until the public improvement which has been discontinued has ceased to be open to public use, or, in the case of injury to any water, water source or water or flowage right, until the water is actually withdrawn or diverted, and if the order does not go into effect, or is rescinded or altered, only so much of the damages shall be paid as has been actually sustained.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1974–2024 · leading case: Opinion of the Justices to the House of Representatives, 313 N.E.2d 561 (Mass. 1974).

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Opinion of the Justices to the House of Representatives, 313 N.E.2d 561 (Mass. 1974). “By its choice of the word “injury” rather than “taking” or “appropriation,” the bill may be making special reference to G. L. c. 79, § 9, which permits compensation to be awarded under G.”

Roman Catholic Bishop of Springfield v. Commonwealth, 392 N.E.2d 829 (Mass. 1979). “” See also G. L. c. 79, § 9 (accrual of right to damages when no taking occurs).”

Harte v. Town of Dartmouth, 45 Mass. App. Ct. 779 (Mass. App. Ct. 1998). “2 Under G. L. c. 79, §§ 9, 10, and 12, the compensability of *781 Harte’s injury turns on the “distinction between, on the one hand, impairment of access which if substantial may figure as a special and peculiar injury[ 3 ] deserving compensation, and, on the other hand,…”

Ashley M. Mills v. City of Springfield & Another (Mass. Super. Ct. 2024). “In Sullivan, after determining, by reference to its legislative history, that G.L. c. 79, § 9, "does not in itself create a liability for damages, but leaves that to the statute authorizing the particular injury[,]" the Supreme Judicial Court noted with respect to § 10 that…”

Soeder v. Desrocher, 10 Mass. L. Rptr. 604 (Mass. Super. Ct. 1999). · cites it 2× “In the alternative, Plaintiff Soeder alleges that her property was damaged by the laying out of the Way as a public street, entitling her to compensation under G.L.c. 79, §9. The plaintiffs further claim that they have suffered consequential severance damages as the result of…”

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