Massachusetts General Laws
Chapter 79 - Eminent Domain
Section 36 - Discontinuance of Petition

Section 36. No petition brought under section fourteen shall be discontinued except by leave of court or by agreement of all the parties thereto; and any party thereto may prosecute the same.

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