MA
Massachusetts House Bill H67
Massachusetts 2025-2026 Regular Session
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Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H67

Introduced
3/3/25  
Refer
3/3/25  

Caption

Proposal for a legislative amendment to the Constitution prohibiting eminent domain takings

Impact

The proposed amendment would have significant implications for state laws governing land use and property rights. If enacted, it would prevent local and state authorities from using eminent domain for projects that primarily benefit private companies or developers, thus fostering a more stringent protection of individual property rights. This shift could potentially alter the landscape of urban development and economic initiatives in Massachusetts, as it may limit government’s ability to facilitate large-scale projects that rely on land acquisitions for private interests.

Summary

House Bill 67 proposes a legislative amendment to the Constitution of Massachusetts, aimed at prohibiting the taking of land or interests therein through eminent domain for private commercial or economic development purposes. The intention is to redefine what constitutes 'public use' in the context of eminent domain as outlined in Article X of the Massachusetts Constitution. By limiting the power of the government to seize private property for the benefit of private entities, the bill seeks to strengthen property rights and protect individuals from potential abuse of governmental authority.

Contention

The bill is likely to encounter considerable debate among lawmakers and stakeholders. Proponents argue that the amendment is essential for safeguarding individual rights against overreach by powerful government entities or corporations. They contend that eminent domain has historically been used to displace communities and prioritize profit over public welfare. Conversely, opponents may raise concerns that restricting eminent domain could hinder economic development and infrastructure projects that benefit the public good. This contention highlights the balancing act legislators must perform between protecting property rights and facilitating necessary public development.

Companion Bills

No companion bills found.

Previously Filed As

MA H1787

Relative to the defense of private property rights through the prevention of abusive eminent domain takings in the Commonwealth

MA SCR17

Proposes constitutional amendment to prohibit use of eminent domain to take active farmland in certain circumstances.

MA ACR89

Proposes constitutional amendment to prohibit use of eminent domain to take active farmland in certain circumstances.

MA H65

Proposal for a legislative amendment to the Constitution for a Constitutional right to housing

MA H64

Proposal for a legislative amendment to the Constitution for a Constitutional right to health care

MA SCR40

Proposes Constitutional amendment to limit exercise of eminent domain to acquisition of land for essential public purposes.

MA ACR15

Proposes Constitutional amendment to limit exercise of eminent domain to acquisition of land for essential public purposes.

MA H70

Proposal for a legislative amendment to the Constitution for a Constitutional right to employable skills training

MA S9

Proposal for a legislative amendment to the Constitution for term renewal process

MA S12

Proposal for a legislative amendment to the Constitution to cap the state income tax

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