Lyford v. Laconia
Supreme Court of New Hampshire
Appeal, from the assessment of damages by the city council of Laconia for land taken, under the power of eminent domain for the enlargement of the public library park and lot. The land in question is located at the corner of Main and Church streets, and at the time of the taking was occupied by the Congregational Church Society with a house of public worship. The appellant was awarded one dollar damages.
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Appeal, from the assessment of damages by the city council of Laconia for land taken, under the power of eminent domain for the enlargement of the public library park and lot. The land in question is located at the corner of Main and Church streets, and at the time of the taking was occupied by the Congregational Church Society with a house of public worship. The appellant was awarded one dollar damages. His appeal was heard by the county commissioners, who awarded him the same sum. He thereupon claimed a trial by jury. At the close of his evidence, the court (Wallace, C. J.) ruled, subject…
1Opinion of the CourtParsons, C. J.
“ Whenever any town cannot obtain by contract, for a reasonable price, any land required for public use, such land may be taken, the damages assessed, and the same remedies and proceedings had as in case of laying out highways.” P. S., c. 40, s. 6. Under this section a town may acquire land for a library lot. Attorney-General v. Nashua, 67 N. H. 478, 480, 482. Following the procedure for the laying out of highways, the selectmen of towns, or the body in cities having their authority in the matter, are required to notify “ the owners of the land ” proposed to be taken and all persons whose…
2Cases cited7 opinions
- Hopkins v. GrimshawSupreme Court of the United States · 1897
- First Universalist Society of North Adams v. BolandMassachusetts Supreme Judicial Court · 1892
- Chandler v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1878
- Venable v. Wabash Western Railway Co.Supreme Court of Missouri · 1893
- Scovill v. McMahonSupreme Court of Connecticut · 1892
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3Cited by36 opinions
- Woodville v. United StatesCourt of Appeals for the Tenth Circuit · 1946
- Elmore v. AustinSupreme Court of North Carolina · 1950
- Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
- State v. CooperSupreme Court of New Jersey · 1957
- Connecticut Junior Republic Ass'n v. Town of LitchfieldSupreme Court of Connecticut · 1934
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