Boston & Maine Corp. v. Commonwealth

Presented to the Court through what amounts to a motion in limine is the question whether the Commonwealth, in this eminent domain proceeding, can be required to pay the plaintiff damages for taking land that, in one case, the Commonwealth owns in fee and, in another, plaintiffs use and occupy pursuant to licenses the Commonwealth granted to them long ago. In both cases, for the reasons that follow, the answer is a qualified yes.

The two relevant parcels are referred to by the parties as the Bridge Parcel and the River Parcel. The River Parcel is located between Industrial Park Way and the…