Municipal buildings; condemnation; procedure

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§ 2805. Municipal buildings; condemnation; procedure

(a) When the location of a municipal building is determined and lands and grounds are needed or when a municipality votes to purchase additional lands or when, in the exercise of any of the powers or functions authorized by its charter or bylaws, it becomes necessary for public use and benefit to take, damage, or affect lands, and the owner refuses to release or convey the same to such municipality for a reasonable price, the mayor and aldermen of such city, the selectboard of such town, or the trustees of such village or the prudential committee of such fire district shall set out the necessary lands and cause the same to be surveyed.

(b) They shall appoint a time and place for hearing and give at least ten days' notice thereof before such hearing to the persons interested, either personally or by written notice left at the residence of the owner or occupant of such lands.

(c) At such hearing they shall determine the damages sustained by such interested persons. The damages agreed upon or assessed shall be paid or tendered to such persons before taking possession of the lands.

(d) Nothing in this section shall be construed to authorize the taking, by condemnation proceedings, of property of any religious, charitable, or educational society, institution, or organization, unless held, owned, or used by it for commercial purposes, without the written consent of the trustees or governing body of such society, institution, or organization, unless two-thirds of the voters at an annual or special meeting duly warned for that purpose vote contrariwise.


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