§ 47 — Urban renewal programs; acquisition by eminent domain; notice; petition

Massachusetts § 47

• Jurisdiction: Massachusetts
• Part I: ADMINISTRATION OF THE GOVERNMENT
• Title XVII: PUBLIC WELFARE
• Ch. 121B: HOUSING AND URBAN RENEWAL

Text

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.