Flagg v. Inhabitants of Concord
Massachusetts Supreme Judicial Court
Petition, filed on September 5, 1912, by Clifton E. Flagg and Frank L. Roberts against the town of Concord, for the assessment of damages for the taking under St. 1884, c. 201, authorizing the respondent to increase its water supply, of about five acres of land, artificially flooded by a portion of the waters of Nagog Pond in the towns of Acton and Littleton, belonging to the petitioner Flagg as a part of his farm of ninety acres in Littleton, and a part of such five acres…
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Petition, filed on September 5, 1912, by Clifton E. Flagg and Frank L. Roberts against the town of Concord, for the assessment of damages for the taking under St. 1884, c. 201, authorizing the respondent to increase its water supply, of about five acres of land, artificially flooded by a portion of the waters of Nagog Pond in the towns of Acton and Littleton, belonging to the petitioner Flagg as a part of his farm of ninety acres in Littleton, and a part of such five acres being included in a lease to the petitioner Roberts. In the Superior Court the case was tried before Hardy, J. Nagog Pond…
1Opinion of the CourtRugg, C. J.
This is a petition for the assessment of damages caused by a taking of the waters of Nagog Pond and the land under the same. Nagog Pond in its natural state was a great pond. Its normal level was raised by a dam in 1834, and about five acres of *571land thus flooded belonged to the petitioner Flagg, subject to the easement of flowage which so had been acquired by prescription. This land was taken by the respondent.
The words of the taking, so far as here material, were of "all the waters” of the pond with its affluents and effluents, with certain exceptions, and “The land under said Nagog Pond up…
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