Hilbourne v. County of Suffolk
Massachusetts Supreme Judicial Court
Petition to the county commissioners for a jury to assess damages for the taking of land for the widening of Washington Avenue in Chelsea.
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Petition to the county commissioners for a jury to assess damages for the taking of land for the widening of Washington Avenue in Chelsea. At the trial before a sheriff’s jury, it appeared that, for a part of the distance between the two terminal points of widening, the widening was wholly on one side of the avenue, and for the residue of the distance was on both sides of the avenue, so that from some estates, between the two terminal points of widening, land was taken for the widening; but from other estates, between these terminal points, no land was taken. The presiding officer instructed…
1Opinion of the CourtEndicott, J.
Where land is taken for a highway by public authority, the owner is entitled to a just and fair compensation for that of which he has been deprived. In determining the amount of his compensation, the direct and peculiar benefit which results to his remaining and adjoining land is to be considered. In an early case, it was said that the rule of damages was “ the value of the land taken, the expense of fencing against the road, and the damage done to the land remaining, from *394which is to be deducted the benefit of the road, if any, to the owner of the land.” Commonwealth v. Norfolk, 5 Mass. 435,…
2Cases cited4 opinions
- Commonwealth v. CoombsMassachusetts Supreme Judicial Court · 1807
- Commonwealth v. Justices of the Court of SessionsMassachusetts Supreme Judicial Court · 1809
- Allen v. City of CharlestownMassachusetts Supreme Judicial Court · 1872
- Upham v. City of WorcesterMassachusetts Supreme Judicial Court · 1873
3Cited by26 opinions
- Bauman v. RossSupreme Court of the United States · 1897
- United States v. River Rouge Improvement Co.Supreme Court of the United States · 1926
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- United States Ex Rel. Tennessee Valley Authority v. Indian Creek Marble Co.District Court, E.D. Tennessee · 1941
- Stanwood v. City of MaldenMassachusetts Supreme Judicial Court · 1892
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