Chap. 349.          AN        ACT        FURTHER        DEFINING        APPEALS

PROCEDURES    WITH    REGARD    TO    SCENIC    AND RECREATIONAL RIVERS.

Be  it enacted,   etc.,   as follows:

Section  17B    of    chapter 21     of    the    General    Laws    is    hereby

amended by adding the following two paragraphs:-

The superior court, upon a complaint in the nature of a civil action shall have the jurisdiction to determine whether an order promulgated under this section constitutes a taking without compensation. Such determination shall be independent of any determination by the court of the reasonableness of the exercise of the police power under this section. Said superior court is hereby authorized to hear a complaint of any person having a recorded interest in land or a class action under Rule 23 of the Massachusetts Rules of Civil Procedure and may award damages under the provisions of chapter seventy-nine by reason of the adoption of the order, whether or not such order is determined to be unreasonable.

If the court determines that such order is unreasonable, and if the commissioner shall petition under the provisions of chapter seventy-nine for a taking by eminent domain, the court shall have the power to award damages to the person having the recorded interest in land affected by such order or make such general award of damages relative to a class of land owners who qualify under said Rule 23.

(The foregoing was  laid  before the Governor on  the second  day of July,   1982 and  after ten  days  it  had  "the force of  law",   as  prescribed  by the  Constitution,   as   it was  not  returned  by  him with   his objections thereto within that time)