Land Use & Zoning

Massachusetts eminent domain allows the government to take private property for public use. The property owner is entitled to:

ARefuse the taking on constitutional grounds
BJust compensation (fair market value)✓ Correct
CReplacement cost of any improvements
DDouble the assessed value

Explanation

The Fifth Amendment (applied to states via the Fourteenth Amendment) and Massachusetts law require just compensation (fair market value) when the government takes private property through eminent domain.

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