Section 39. Whenever damages may be recovered under this chapter, the body politic or corporate liable for such damages may after the right to such damages has become vested effect such settlement of the damages with the person entitled thereto as it may deem to be for its best interests, and it may as one of the terms of the settlement of a claim for damages growing out of the proceedings in respect of which betterments have been or are to be assessed agree in writing with the owner of the land assessed to assume such betterments. Every settlement under this section shall be in writing and in full satisfaction of all damages for such taking with interest thereon and taxable costs, if any. After approval of such settlement by the board of officers who made the taking for which damages are sought, or after acceptance of an offer of such settlement by the person seeking such damages, whichever occurs later, the amount of such settlement shall bear interest at the rate calculated pursuant to the provisions of section thirty-seven from the date of such settlement to and including the last day of the month prior to the month in which payment thereof is made or tendered.
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