Mass. Gen. Laws ch. 253, § 23: Costs; avoidance by offer to pay increased compensation

Section 23. The owner of the mill or dam may, within said month, offer in writing to the owner of the land any increase of said annual compensation; and if the owner of the land does not agree to accept it, but brings an action to obtain an increase, he shall pay the costs, unless he recovers a greater annual compensation than was so offered.