An Act relative to the defense of private property rights through the prevention of abusive eminent domain takings in the Commonwealth

194th Legislature (2025-2026) Introduced by David DeCoste and 5 co-sponsors

The bill limits eminent domain to true public uses and adds a five-year buyback if taken property isn’t used for the stated public purpose.

Accompanied a study order, see H5281 (under House Rule 27)

Overview

H.1787, introduced on February 27, 2025, seeks to curb what its sponsors describe as abusive eminent domain (ED) practices in Massachusetts. The bill would narrow the use of eminent domain to true public uses, prohibit takings for private economic development or other private uses, require judicial review of public-use claims, and add a condo-style buyback provision if property is not used for its taken purpose within five years. The act is set to take effect upon passage.

Key Provisions

Section 1A: Limitation on eminent domain use

Takings of real estate under Chapter 79 or Chapter 80A may be exercised only for possession, occupation, and enjoyment of land by the public at large or by public agencies.
Takings may not be leveraged for commercial enterprise, private economic development, or private use.
A taking to transfer property from one private owner to another for a more profitable private use would be prohibited.
If a proposed use claimed to be public is challenged, the question of whether the use is truly public shall be determined as a judicial issue, independent of legislative assertions.
Five-year non-use trigger: if property taken is not used for the stated public purpose within five years, the government must offer to sell the property back to the original owner or heirs/assigns at the lesser of (a) the price paid or (b) the fair market value at the time of sale.

Buyback process and timeline

The owner (or heirs/assigns) must be offered sale at the lesser of original purchase price or current FMV at the time of sale.
If the offer is not accepted within 180 days, the property may be sold to another party, but only via a public sale after proper notice.

Section 2: Effective date

The act would take effect upon passage.

Who/What Would Be Affected

Public agencies and municipalities exercising eminent domain under Chapter 79 or 80A.

Private property owners from whom property is taken, including their heirs/assigns.

Private parties seeking to obtain property via ED for private economic development or non-public uses.

Courts, which would resolve questions about whether a proposed use is truly public.

Legislative History and Status

Filed: January 14, 2025 (House Docket No. 1342)

Referred to: The Judiciary (February 27, 2025)

Similar matter previously discussed: HD 1593 (2023-2024)

Hearing: Scheduled for October 21, 2025, 1:00–5:00 PM, in room A-2

Current status note: Hearing scheduled; Senate concurrence noted in actions (historical record shows movements between chambers)

Additional Context

The bill aligns with a broader policy debate on the scope of eminent domain and the protection of private property rights.

If enacted, Massachusetts would adopt a stricter standard for public use and add a statutory buyback mechanism if the public-use purpose is not pursued within five years.

This summary presents the bill’s text as introduced, focusing on the substantive changes to eminent domain practice and the practical effects on property owners and public authorities.

Bill