Section 37. Damages under this chapter shall bear interest at the rate calculated pursuant to the provisions of this section from the date on which the right to damages under this chapter vested until paid, except that an award shall not bear interest after it is payable unless the body politic or corporate liable therefor fails upon demand to pay the same to the person entitled thereto. Interest shall be added by the clerk of the court to the damages expressed in a verdict, finding, or order for judgment. A judgment, whether against the commonwealth or any other body politic or corporate, shall bear interest at the rate calculated pursuant to the provisions of this section from the date of the entry of such judgment to and including the last day of the month prior to the month in which such judgment is satisfied, except that a judgment against the commonwealth shall not bear interest if it is satisfied within thirty days of such entry.
Where the period for which prejudgment interest is owed is not more than one year, such interest shall be calculated at an annual rate equal to the weekly average one-year constant maturity treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the date on which the right to damages under this chapter vested. Where the period for which prejudgment interest is owed is more than one year, such interest for the first year shall be calculated in accordance with the preceding sentence, and such interest for each additional year shall be calculated on the principal amount due at an annual rate equal to the weekly average one-year constant maturity treasury yield, as published by the board of governors of the Federal Reserve System, for the calendar week preceding the beginning of each additional year. Post–judgment interest shall be calculated in the same manner as pre-judgment interest, but using, in the first year after judgment, the rate for the calendar week preceding the date on which judgment entered, and in any additional year, the rate for the calendar week preceding the beginning of such additional year.
The secretary of administration and finance shall maintain a schedule of the rates described herein for distribution, upon request, to all clerks of courts and all board of officers upon whom authority to take real estate by eminent domain under this chapter on behalf of any body politic or corporate that has been conferred by law.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XIII - Eminent Domain and Betterments
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 7f - Copies of Notice or Notice of Deposit; Sending to Tax Collectors
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 11 - Land Lying in More Than One Governmental Unit; Petition for Award of Damages
Section 12 - Measure of Damages; Federal Reimbursement
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 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