Massachusetts General Laws
Chapter 121b - Housing and Urban Renewal
Section 47 - Urban Renewal Programs; Acquisition by Eminent Domain; Notice; Petition

Section 47. Notwithstanding any contrary provision of this chapter, an urban renewal agency may, with the consent of the department and municipal officers, and after a temporary loan contract for the purpose has been executed under the federal Housing Act of 1949, as amended, take by eminent domain, as provided in clause (d) of section eleven, or acquire by purchase, lease, gift, bequest or grant, and hold, clear, repair, operate and, after having taken or acquired the same, dispose of land constituting the whole or any part or parts of any area which, after a public hearing of which the land owners of record have been notified by registered mail and of which at least twenty days notice has been given by publication in a newspaper having a general circulation in the city or town in which the land lies it has determined to be a decadent, substandard or blighted open area and for which it is preparing an urban renewal plan, and for such purposes may borrow money from the federal government or any other source or use any available funds or both; provided, however, that no such taking or acquisition shall be effected until the expiration of thirty days after the urban renewal agency has notified the land owner of record by registered mail and has caused a notice of such determination to be published, in a newspaper having general circulation in such city or town. Within thirty days after publication of the notice of such determination, any person aggrieved by such determination may file a petition in the supreme judicial or superior court sitting in Suffolk county for a writ of certiorari against the urban renewal agency to correct errors of law in such determination, which shall be the exclusive remedy for such purpose; and the provisions of section one D of chapter two hundred and thirteen, and of section four of chapter two hundred and forty-nine, shall apply to said petition except as herein provided with respect to the time for the filing thereof.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XVII - Public Welfare

Chapter 121b - Housing and Urban Renewal

Section 1 - Definitions

Section 2 - Severability

Section 3 - Housing Authorities; Creation; Dissolution

Section 3a - Regional Housing Authorities; Creation; Dissolution

Section 4 - Redevelopment Authorities; Creation; Dissolution

Section 5 - Housing and Redevelopment Authorities; Membership; Appointment; Election; Term of Office

Section 5a - Waiver of Requirement to Appoint Tenant Member to Housing Authority Board

Section 5b - Comprehensive Training Program for Members of a Housing or Redevelopment Authority; Technical Assistance Training for Tenant Members

Section 6 - Housing and Redevelopment Authorities; Charges Against Members; Hearing; Removal; Resignation; Suspension

Section 7 - Officers and Executive Director of Housing and Redevelopment Authorities; Compensation of Members

Section 7a - Guidelines for Contracts to Be Executed by Housing Authority and Executive Director

Section 8 - Operating Agencies; Housing Authorities

Section 9 - Urban Renewal Agencies

Section 10 - Operating Agencies; Designation of Authorities

Section 11 - Powers of Operating Agencies

Section 12 - Operating Agencies; Wages; Labor Requirements; Social Security

Section 13 - Operating Agencies; Contract and Tort Liability; Member's Personal Liability; Relocation of Utility Facilities

Section 14 - Operating Agencies; Federal Loans; Conveyance Upon Default

Section 15 - Operating Agencies; Bonds, Notes, Certificates; Negotiable Instruments

Section 16 - Exemption From Taxation for Real Estate and Tangible Personal Property of Operating Agency; Revaluation or Reassessment of Real Property; Payments in Lieu of Taxes

Section 17 - Liability of Commonwealth or Political Subdivisions for Debts of Housing Authority

Section 18 - Preparation of Master Plans, Etc. by City or Town; Appropriation and Payment

Section 19 - Initial Costs and Annual Operating Expenses of Operating Agencies; Appropriations and Payment by City

Section 20 - Development, Acquisition and Operating Costs; Relocation Payments; Losses; Appropriation and Payment by City

Section 21 - Indebtedness Limitation

Section 23 - Municipal Powers

Section 24 - Agreement to Bear Acquisition Loss

Section 25 - Housing Programs; Statement of Emergency

Section 26 - Powers of a Housing Authority

Section 26a - Powers of Department in City Without Housing Authority; Financing of Projects; Bonds and Notes; Issuance and Sale; Approval of City or Town

Section 26b - Performance-Based Monitoring Program; Assessment Standards

Section 26c - Best Practices Program for Allowing Authorities to Work Collaboratively; Provisions of Program; Capital Assistance Team; Director; Members

Section 26d - Names and Contact Information of All Members and Senior Staff to Be Posted on Wall of Community Center and on Website

Section 27 - Rural Housing Authority; Additional Powers

Section 28 - Application of Laws, Ordinances, and Regulations of Cities or Towns Relating to Buildings, Planning, Zoning and Public Health

Section 28a - Annual Plan; Availability to Public for Review and Comment

Section 29 - Accounts and Reports of Housing Authorities; Review of Financial Records; Availability to Public; Audit; Investigations by Department; Rules and Regulations of Department

Section 30 - Contract With Federal Government; Acquiring Federally Owned Project

Section 31 - Submission of Plans for Low-Rent Housing Project to Department; Application; Hearing; Disposition

Section 32 - Maintenance and Operation of Project; Rentals; Tenant Selection; Eligibility for Continued Occupancy; Hearings; Waiver

Section 32a - Parking Areas; Rules and Regulations; Towing

Section 32b - Definitions

Section 32c - Unlawful Conduct by Tenant, Members or Non-Members of Tenant Household; Civil Action by Landlord for Injunctive or Other Equitable Relief

Section 32d - Actions by Tenants or Tenants' Organizations

Section 32e - Jurisdiction Over Civil Actions; Appellate Review

Section 32f - Restraining Orders and Injunctions; Form; Service; Enforcement; Violations; Effect; Modification and Vacation

Section 32g - Temporary Absences From Commonwealth; Presumption of Abandonment of Residency and Eligibility for Assistance

Section 33 - Equivalent Elimination of Substandard Dwelling Units

Section 34 - State and Federal Financial Assistance; General Provisions

Section 34a - Contracts for State Financial Assistance on Leased Mhfa Projects to Provide Replacement or Relocation Housing; Annual Contributions; Limitations

Section 34b - Commonwealth Guaranteed Temporary Notes; Authorization and Execution; Sale and Refunding Limitations; Terms

Section 35 - Contracts for Supplementary State Financial Assistance

Section 36 - Receipt of Loans and Grants From Federal Sources or From Other Sources

Section 37 - Commonwealth Grants; Guarantee of Temporary Notes; Sale, Maintenance, and Operation of Relocation Projects; Limitations on Eminent Domain

Section 38 - Housing for the Elderly and the Handicapped; Declaration of Policy

Section 38a - Bureau of Housing for the Handicapped; Director; Functions

Section 38b - Housing for the Elderly and the Handicapped; Service Coordinator Program

Section 38c - Program to Conduct Annual Surveys of Public Housing Residents

Section 38d - Regional Public Housing Innovation Program; Goals; Application for Participation in Program; Funds; Powers and Projects

Section 39 - Power to Provide Housing for Elderly and Handicapped Persons of Low Income; Priorities in Placement

Section 40 - Provisions Applicable to Housing for Elderly and Handicapped Persons of Low Income

Section 41 - State Financial Assistance; Housing for Elderly Persons of Low Income

Section 41a - State Financial Assistance; Housing for Handicapped Persons of Low Income

Section 42 - Rental Assistance Program; Declaration of Necessity

Section 43 - Contracts to Rent, Lease or Provide Financial Assistance to Housing Units by Housing Authorities

Section 43a - Rental Assistance Program; Relocation of Residents; Leased Housing Units

Section 44 - Rental Assistance Program; Rentals and Tenant Selection

Section 44a - Leasing of Housing Units in Mhfa Projects for Replacement or Relocation Housing Authorized

Section 45 - Urban Renewal Programs Declaration of Necessity

Section 46 - Powers of Urban Renewal Agency

Section 47 - Urban Renewal Programs; Acquisition by Eminent Domain; Notice; Petition

Section 48 - Public Hearing; Notice; Urban Renewal Plans; Approval; Acquisition of Property

Section 49 - Sale or Lease of Property Acquired for Urban Renewal Project

Section 50 - Delegation of Power to Municipality to Plan and Undertake Urban Renewal Project

Section 51 - Redevelopment Authority Taking Over Project Initiated by Housing Authority

Section 52 - Accounts and Reports of Urban Renewal Agencies; Civil Service Rules

Section 53 - Application for Urban Renewal Assistance Grant or Urban Revitalization and Development Grant

Section 54 - State Aid for Urban Renewal; Determination of Compliance and Final Approved Cost; Notice

Section 55 - State Aid for Urban Renewal; Certification and Payment of Grants

Section 56 - State Aid for Urban Renewal; Contract to Provide Financial Assistance

Section 57 - State Aid for Urban Renewal; Advance of Funds; Amount; Payments

Section 58 - Other Urban Renewal Programs; Declaration of Necessity

Section 59 - Contracts for State Financial Assistance; Rehabilitation Projects

Section 60 - Housing Preservation and Stabilization Trust Fund