First Main Street Corp. v. Board of Assessors

As in the preceding case in this volume,2 assessors of a town seek to tax retained development rights to build subsequent phases of a condominium. Here, the assessors of Acton have proceeded not by assessing the land to which the development rights pertain, but by treating the development rights as a “present interest” in real estate that is taxable under G. L. c. 59, § 11. We conclude that the limited scope of that taxing statute and the unambiguous prescription and proscription of G. L. c. 183A, § 14, regarding the taxation of common areas of a condominium, do not authorize the tax the…