Town of Marshfield, MA
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2021-12-13
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Division 2: General Bylaws
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Chapter 80 Eminent Domain
- Division 1: Charter
- Ch C Charter
- Division 2: General Bylaws
- Ch 1 General Provisions
- Ch 5 Administration of Government
- Ch 16 Animals
- Ch 25 Bathhouses
- Ch 34 Boating and Waterways
- Ch 40 Buildings, Moving of
- Ch 43 Buildings, Numbering of
- Ch 52 Committees, Boards and Other Agencies
- Ch 64 Drainage Ditches
- Ch 70 Earth Removal
- Ch 76 Electrical Installations
- Ch 80 Eminent Domain
- § 80-1 Limitation on Town authority.
- § 80-2 Seizure of property endangering heath and safety.
- Ch 86 Excavations
- Ch 89 Farming
- Ch 95 Finance and Budget
- Ch 98 Firearms and Hunting
- Ch 101 Fires and Fire Prevention
- Ch 118 Historic Preservation
- Ch 134 Junk
- Ch 145 Licenses and Permits
- Ch 161 Noncriminal Disposition
- Ch 170 Officers and Employees
- Ch 180 Peace and Good Order
- Ch 184 Peddling and Soliciting
- Ch 188 Personnel
- Ch 191 Plastic Bag Reduction
- Ch 195 Plumbing and Gas Fitting
- Ch 201 Property, Sale of
- Ch 217 Seawalls
- Ch 223 Sewers
- Ch 226 Shellfish
- Ch 232 Smoking
- Ch 238 Solid Waste
- Ch 246 Stormwater Management
- Ch 250 Streets and Sidewalks
- Ch 253 Stretch Energy Code
- Ch 275 Vehicles and Traffic
- Ch 278 Vehicles for Hire
- Ch 285 Water
- Ch 290 Weights and Measures
- Ch 294 Wetlands Protection
- Division 3: Zoning Bylaw
- Ch 305 Zoning
- Division 4: Planning Board
- Ch 400 General Provisions, Planning Board
- Ch 405 Subdivision of Land
- Ch 408 Age-Restricted Adult Village
- Ch 411 Open Space Residential Development
- Ch 414 Planned Mixed-Use Development Overlay District
- Ch 415 Mixed-Use Residential Over Commercial
- Ch 417 Water Resource Protection District
- Ch 420 Fee Schedule
- Division 5: Conservation Commission
- Ch 500 General Provisions, Conservation Commission
- Ch 505 Wetlands Protection Regulations
- Division 6: Board of Health
- Ch 600 General Provisions, Board of Health
- Ch 608 Body Art Establishments and Practitioners
- Ch 630 Marina and Boating Facilities
- Ch 645 Sanitary Sewage Disposal
- Ch 652 Solid Waste and Recycling
- Ch 670 Tobacco and Smoking
- Appendix
- Ch A900 General Law Acceptances
- Ch A901 Town Meeting Rules
- Derivation Table
- Ch DT Derivation Table
- Disposition List
- Ch DL Disposition List
[HISTORY: Adopted by the Annual Town Meeting of the Town
of Marshfield 4-23-2007 by Art. 40 (Art. 86 of the General Bylaws). Amendments
noted where applicable.]
[Amended 4-24-2017 ATM
by Art. 10]
In consideration of the protection of private property rights
and of the Town's character and natural environment and the preservation
and enhancement of the quality of life of the Town's current and future
generations, the authority of the Town of Marshfield and its agencies
of local government, as reserved to localities under MGL c. 79, to
seize privately owned parcels against the expressed will of the owner
through the use of eminent domain procedures shall, in light of Kelo
vs. New London, be specifically further limited as follows:
A.
To only those proposed taking actions incorporating the transfer
of private parcel(s) to the Town of Marshfield or any of its authorized
agencies of local government and under no circumstances to another
private party; and
B.
To only those proposed taking actions whose purpose is the creation
of a facility for actual public use and ownership, to include public
open spaces, parks, and watershed protection districts, and never
for the purposes of economic development or the enhancement of the
local tax base.
Nothing in the bylaw shall limit the authority of the Town of
Marshfield or its authorized agencies of local government to seize
property that is endangering the health and safety of its residents
which could otherwise be seized or foreclosed upon for tax delinquency
in accordance with the provisions of MGL c. 60.
