May v. City of Boston
Massachusetts Supreme Judicial Court
Petition for a jury to assess the damages for the taking, on April 30, 1890, of land of the petitioners under the St. of 1875, c. 185, by the Board of Park Commissioners of the city of Boston, for the purposes of a public park.
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Petition for a jury to assess the damages for the taking, on April 30, 1890, of land of the petitioners under the St. of 1875, c. 185, by the Board of Park Commissioners of the city of Boston, for the purposes of a public park. At the trial in the Superior Court, before Hammond, J., the petitioners introduced in evidence a deed from them to the city of Boston, dated December 23,1884, and recorded on January 1, 1885, whereby the petitioners conveyed to the city of Boston, in fee, “ for the purposes of a public park,” a parcel of land containing 123,560 square feet, which deed contained the…
1Opinion of the CourtKnowlton, J.
The question principally discussed in this case is how to apply the rule for the estimation of damages for *29land taken for a public improvement, when the improvement has been long contemplated, and the expectation of it has increased the market value of the land in the vicinity.
An owner of land' taken by right of eminent domain is to be compensated by the payment of the fair value of it at the time of the taking. Ordinarily the price at which such land will sell in the market, if there is a market for it, is the criterion by which to make the estimate. But in certain cases the market price is…
2Cases cited1 opinion
- Benton v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1890
3Cited by24 opinions
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- Smith v. CommonwealthMassachusetts Supreme Judicial Court · 1911
- Sargent v. Inhabitants of MerrimacMassachusetts Supreme Judicial Court · 1907
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