Grove Hall Savings Bank v. Town of Dedham

This is a petition for the assessment of damages alleged to have been caused to land upon which the petitioner held a mortgage by reason of the establishment of a building line by the respondent under G. L. c. 82, § 37. A building line under this section constitutes an encumbrance upon land in the nature of an equitable easement for the benefit of the public; it is a taking of private property by eminent domain for public use and the procedure prescribed for such taking must be followed. Watertown v. Dana, 255 Mass. 67, 70.

The building fine was validly established on April 24, 1930. Record of…