Legal Opinion
M.B. Claff, Inc. v. Massachusetts Bay Transportation Authority
Massachusetts Appeals Court
Decided October 17, 2003No. 00-P-1679PublishedCited by 4 opinions
1Opinion of the CourtCowin, J.
We address the question of the validity and implementation of G. L. c. 79, § 37,1 providing for the payment of interest on judgments in eminent domain cases in light of those provisions of the United States Constitution and the Massachusetts Declaration of Rights2 that require the payment of just compensation when private property is taken for public use. While we have recently had occasion to consider the subject, see Roberts v. Worcester Redev. Authy., 53 Mass. App. Ct. 454 (2001), the posture of that case did not invite exploration of the merits. We deal with them now.
That an appropriate…
2Cases cited13 opinions
- United States v. MillerSupreme Court of the United States · 1943
- Webb's Fabulous Pharmacies, Inc. v. BeckwithSupreme Court of the United States · 1980
- Seaboard Air Line Railway Co. v. United StatesSupreme Court of the United States · 1923
- Miller v. United StatesUnited States Court of Claims · 1980
- United States v. 429.59 Acres of LandCourt of Appeals for the Ninth Circuit · 1980
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3Cited by4 opinions
- Liberty Square Development Trust v. City of WorcesterMassachusetts Supreme Judicial Court · 2004
- M.B. Claff, Inc. v. Massachusetts Bay Transportation AuthorityMassachusetts Supreme Judicial Court · 2004
- Berish v. BornsteinMassachusetts Superior Court · 2006
- Casella v. Groton-Dunstable Regional School DistrictMassachusetts Superior Court · 2006