Massachusetts General Laws
Chapter 79 - Eminent Domain
Section 17 - Time for Filing Petition When Original Proceedings Quashed

Section 17. If a person petitions for an award or assessment of his damages within the time limited by law, or is a party to such petition by another person, and the petition is quashed, abated or otherwise avoided or defeated for any inaccuracy, irregularity or matter of form, or if, after verdict for such petitioner or other party, the judgment is arrested or reversed on a writ of error, or the proceedings are quashed on certiorari, such petitioner or other party may begin such proceedings anew within one year after such abatement, reversal or other determination.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XIII - Eminent Domain and Betterments

Chapter 79 - Eminent Domain

Section 1 - Order of Taking; Contents

Section 2 - Officials Authorized to Exercise Eminent Domain

Section 3 - Recordation of Taking Order; Procedure to Acquire Possession

Section 4 - Taking Registered Land

Section 5 - Taking of Land Already in Public Use

Section 5a - Historical or Archeological Landmarks; Ancient Landmarks; Taking

Section 5b - Agricultural Land

Section 5c - Notice of Intent Prior to Taking; Exceptions

Section 6 - Taking by Public; Award of Damages; Amendment of Award; Payment

Section 6a - Moving Expenses; Exemption From Attachment or Execution

Section 7 - Taking by Private Corporations; Award of Damages; Time of Payment

Section 7a - Appraisal as Pre-Requisite to Payment of Damages

Section 7b - Payment of Damages; Execution of Necessary Documents; Time of Issuance of Checks

Section 7c - Notice of Taking and Amount of Damages; Contents; Service

Section 7d - Unknown Persons or Persons Under Legal Disability; Manner of Payment of Damages; Apportionment of Damages; Deposits

Section 7e - Unclaimed Checks

Section 7f - Copies of Notice or Notice of Deposit; Sending to Tax Collectors

Section 7g - Receipt of Payment or Deposit; Effect; Recovery of Interest; Refund of Overpayment; Recovery of Payment Made to Person Not Entitled Thereto

Section 7h - Payment of Damages of Less Than $2000 to Prevent Hardship Notwithstanding Title Deficiencies

Section 8a - Offer of Settlement; Payment Pro Tanto; Refund of Excess

Section 8b - Time for Vacation of Dwellings

Section 9 - Injuries to Realty Caused by Improvements Not Constituting a Taking

Section 10 - Damages for Injuries to Property Caused by Acts in Pais

Section 10a - Payment of Damages; Enforcement of Provisions of Certain Sections; Petition for Writ of Mandamus

Section 11 - Land Lying in More Than One Governmental Unit; Petition for Award of Damages

Section 12 - Measure of Damages; Federal Reimbursement

Section 12a - Property Taken Diminished in Value by Disaster; Full Compensation; Determination of Fair Market Value; Time Limit

Section 13 - Buildings and Trees on Land Taken

Section 14 - Petition to Superior Court

Section 16 - Time for Filing Petition

Section 17 - Time for Filing Petition When Original Proceedings Quashed

Section 18 - Time for Filing Petition When Validity of Taking Is Contested

Section 19 - Time for Filing Petition if Improvement Delayed by Law

Section 20 - Petition by Guardian, Conservator or Trustee

Section 21 - Procedure on Death of Person Entitled to Damages

Section 22 - Pleading and Procedure; Entry of Judgment

Section 23 - Petition of Persons Holding Different Interests in Same Property

Section 24 - Damages Sustained by Tenant for Life or Years and Remaindermen; Trust

Section 25 - Amount of Damages Placed in Trust; Damages Special to Separate Estate

Section 26 - Trustees for Persons With Legal Disability; Appointment; Bond

Section 27 - Persons Holding Unusual Interests; Right to Petition

Section 28 - Notice to Other Holders of Interests

Section 29 - Award to Persons Holding Different Interests; Apportionment

Section 30 - Appointment of Guardian Ad Litem or Trustee

Section 31 - Petition by Tenant in Possession of Encumbered Property

Section 32 - Mortgaged Land; Procedure

Section 33 - Apportionment of Damages Between Mortgagors and Mortgagees

Section 34 - Request for Speedy Trial

Section 35 - Evidence of Assessed or Fair Market Value of Property; Admissibility

Section 35a - Apportionment of Taxes

Section 36 - Discontinuance of Petition

Section 36a - Payment of Damages After Exhaustion or Waiver of Right to Appeal

Section 37 - Interest on Award of Damages

Section 38 - Costs

Section 39 - Settlement and Tender; Interest

Section 40 - Taking by Private Corporations; Security for Damages

Section 41 - Finality of Award; Remedy for Collection

Section 42 - Remedies to Enforce Payment by Private Corporations

Section 43 - Right Less Than Fee; Effect of Abandonment on Award of Damages

Section 44 - Taking by United States

Section 44a - Tax Liens on Realty Taken

Section 45 - Applicability of Chapter