The Power To Take: The Use of Eminent Domain in Massachusetts

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Author: Michael Malamut, Esq., New England Legal Foundation

This study is the first to analyze concrete data to determine patterns in the use of eminent domain. The analysis includes a survey of law review articles, practitioners’ manuals and reported Massachusetts opinions; structured interviews with legal practitioners; and a review of Massachusetts eminent domain statutes, especially in comparison to the 1974 Model Eminent Domain Code.

The Power to Take: The Use of Eminent Domain in Massachusetts