760 CMR 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.