Raymond v. Commonwealth
Massachusetts Supreme Judicial Court
Petition, filed May 4, 1905, by Lydia N. Raymond of Newburyport, under St. 1902, c. 543, as amended by St. 1905, c. 224, to recover the amount by which the lot on the corner of Park Street and Beacon Street in Boston was damaged more than it was benefited by the limitation of the height of buildings to seventy feet, the laying out of the park east of the State House, and the other improvements connected therewith.
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Petition, filed May 4, 1905, by Lydia N. Raymond of Newburyport, under St. 1902, c. 543, as amended by St. 1905, c. 224, to recover the amount by which the lot on the corner of Park Street and Beacon Street in Boston was damaged more than it was benefited by the limitation of the height of buildings to seventy feet, the laying out of the park east of the State House, and the other improvements connected therewith. In the Superior Court the case was submitted to Graskill, J. upon agreed facts. The petitioner acquired title to the property under the following clause in the will of Matthias P.…
1Opinion of the CourtBraley, J.
While under the right of eminent domain privote property cannot lawfully be taken by the sovereign power without awarding just compensation to the owner unless he has assented, yet the public purpose and time of such appropriation as well as the period in which any remedy for the recovery of damages is to be exercised are in its exclusive control, and failure by the landowner to take advantage of the remedy works a forfeiture of any claim for damages. Talbot v. Hudson, 16 Gray, 417, 424. Haskell v. New Bedford, 108 Mass. 208, 214. Burnett v. Commonwealth, 169 Mass. 417, 425.
By the St. of…
2Cases cited21 opinions
- Danforth v. Groton Water Co.Massachusetts Supreme Judicial Court · 1901
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Kent v. MorrisonMassachusetts Supreme Judicial Court · 1891
- Old Colony Railroad v. MillerMassachusetts Supreme Judicial Court · 1878
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3Cited by5 opinions
- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
- Gardiner v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1916
- Dexter v. Attorney GeneralMassachusetts Supreme Judicial Court · 1916
- Dodge v. Inhabitants of RockportMassachusetts Supreme Judicial Court · 1908
- American Baptist Publication Society v. LufkinMassachusetts Supreme Judicial Court · 1908