Salisbury Land & Improvement Co. v. Commonwealth
Massachusetts Supreme Judicial Court
Petition, filed in the Land Court on January 12, 1911, by the Salisbury Land and Improvement Company, and amended by leave of court on July 13, 1912, by the¡ substitution as petitioners of the trustees of the Salisbury Beach Associates and other persons who after the filing of the petition had acquired the title of the original petitioner, for the registration of title to certain land at Salisbury Beach in Salisbury notwithstanding an attempted taking of such land by the…
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Petition, filed in the Land Court on January 12, 1911, by the Salisbury Land and Improvement Company, and amended by leave of court on July 13, 1912, by the¡ substitution as petitioners of the trustees of the Salisbury Beach Associates and other persons who after the filing of the petition had acquired the title of the original petitioner, for the registration of title to certain land at Salisbury Beach in Salisbury notwithstanding an attempted taking of such land by the Salisbury Beach Reservation Commission under St. 1912, c. 715, which' was alleged by the substituted petitioners to be…
1Opinion of the CourtRugg, C. J.
The question presented is the constitutionality of St. 1912, c. 715, entitled “An Act to make Salisbury Beach a public reservation and to establish the Salisbury Beach Reservation Commission. ” Its several sections provide for the appointment of a commission and the machinery by which land may be taken, money raised and a public reservation managed. The ground of attack upon its validity is that it authorizes the taking of land for a private rather than a public use. In order to pass intelligently upon its constitutionality in this respect the physical facts to which it is applicable may be…
2Cases cited22 opinions
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- United States v. Chandler-Dunbar Water Power Co.Supreme Court of the United States · 1913
- Madisonville Traction Company v. Saint Bernard Mining CompanySupreme Court of the United States · 1905
- Clark v. NashSupreme Court of the United States · 1905
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1873
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3Cited by44 opinions
- Dornan v. Philadelphia Housing AuthoritySupreme Court of Pennsylvania · 1938
- Board of Appeals of Hanover v. Housing Appeals Comm.Massachusetts Supreme Judicial Court · 1973
- Simon v. Town of NeedhamMassachusetts Supreme Judicial Court · 1942
- Allydonn Realty Corp. v. Holyoke Housing AuthorityMassachusetts Supreme Judicial Court · 1939
- Ashley v. Three Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1917
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