Burt v. Brigham
Massachusetts Supreme Judicial Court
Two PETITIONS filed April 16, 1873, under the St. of 1873, c. 189, § 2, by the agent employed by the United States under said statute, praying for the valuation of the respondents’ lands, which had been appropriated to the use of the United States, for the enlargement of the post-office in Boston.
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Two PETITIONS filed April 16, 1873, under the St. of 1873, c. 189, § 2, by the agent employed by the United States under said statute, praying for the valuation of the respondents’ lands, which had been appropriated to the use of the United States, for the enlargement of the post-office in Boston. At the hearing in the Superior Court, Pitman, J., ruled that under the statute the only question to be submitted to the jury was the value of the respondents’ estates, and that all preliminary questions of law and fact were for the court. It also appeared that the statute, under which the…
1Opinion of the CourtWells, J.
The St. of 1873, c. 189, has two leading purposes: one to give the consent of the Commonwealth to the exercise of authority by Congress over the lands specified in the statute, in accordance with the provisions of the Constitution of the United States, art. 1, § 8; the other to secure to those whose lands should be appropriated, under the authority of Congress, adequate compensation therefor, the amount of which should be ascertained and determined in a manner substantially like that by which it is determined in cases of land taken and appropriated to public uses under the laws of this…
2Cited by8 opinions
- Young v. DuncanMassachusetts Supreme Judicial Court · 1914
- Braintree Water Supply Co. v. Inhabitants of BraintreeMassachusetts Supreme Judicial Court · 1888
- Ætna Mills v. Inhabitants of WalthamMassachusetts Supreme Judicial Court · 1879
- MATTER OF LOCKARD v. St. Maries Lumber Co.Idaho Supreme Court · 1954
- City of Lawrence v. WebsterMassachusetts Supreme Judicial Court · 1897
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