760 CMR, § 12.04

Current through Register 1536, December 6, 2024
Section 12.04 - Land Acquisition
(1)Appraisals. Two independent appraisals must be submitted for Department approval prior to the acquisition of any parcel, including parcels acquired by eminent domain, by negotiated sale, or through any other means, except as set out in 760 CMR12.04(3). If deemed necessary, the Department may request an additional appraisal. The urban renewal agency's determination of the proposed acquisition price shall be based on review of the appraisals. The acquisition price shall not be less than the lowest appraisal, nor more than the highest appraisal.
(2)Negotiations and Condemnation. The urban renewal agency may negotiate for the purchase of one or more parcels after the Urban Renewal Plan has been approved by the Department. Negotiations may be performed by a member of the urban renewal agency staff experienced in real estate matters or by a licensed broker under contract. The negotiated acquisition price shall be approved by the Department. Approval by the Department of the acquisition price for a parcel shall constitute the Department's concurrence in the institution of condemnation proceedings, provided that the urban renewal agency shall have made every reasonable effort to acquire the property through purchase. All condemnation proceedings shall be authorized by the urban renewal agency's governing body and shall be carried out in accordance with M.G.L. c. 79.
(3)Donations, Transfers from Another Public Entity, Tax Takings, Public Auction. Property acquired through donation from either a public or private entity, through a transfer from another public entity, through a tax foreclosure or through a public auction does not require an appraisal. However, prior to disposing of the property in accordance with 760 CMR 12.05, urban renewal agencies must obtain disposition appraisals.

760 CMR, § 12.04

Amended by Mass Register Issue 1363, eff. 4/20/2018.
Amended by Mass Register Issue 1365, eff. 4/20/2018.