990 CMR, § 15.01 - Application

A developer may petition the Department to exercise its eminent domain authority pursuant to M.G.L.c.21Donlyif:

(1) all permits, licenses and approvals required by law have been obtained by the developer;
(2) a siting agreement has been declared operative by the Council;
(3) the developer makes a showing, satisfactory to the Department, that a good faith attemptto obtain clear title to all or a portion of the site by purchase or lease has been unsuccessful.

Suchpetitionshallbe submitted in writingto the Director ofthe Bureau of Solid Waste, Department of Environmental Management.

Notes

990 CMR, § 15.01

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