Town of Rumney v. Banel

The issues in this eminent domain case are first, whether the trial court erred in finding reasonable necessity for the taking of defendant’s land, and second, whether the court erred in ruling that the plaintiff had to continue paying rent for the land during the pendency of this appeal. We hold that no error was committed.

The town of Rumney (the town) has leased a portion of defendant’s land for use as an open burning dump for nearly thirty years. As early as 1971, the town selectmen, in cooperation with officials of the State division of health, began to seek practical alternatives in…