Legal Opinion
Opinion of the Justices
Supreme Court of New Hampshire
Decided March 31, 1954No. 4319PublishedCited by 4 opinions
1Opinion of the Court
To His Excellency the Governor and the Honorable Council:
The undersigned Justices of the Supreme Court submit the following answers to the inquiries contained in your resolution filed March 15, 1954.
A petition for assessment of damages for the taking of property by eminent domain is purely statutory and there is no right of appeal unless authorized by statute. Flint v. Wilmington, 310 Mass. 66; Carpenter’s Petition, 67 N. H. 574. If the State or the *535condemning authority has the right to appeal from the award or assessment of damages, it must be by express statutory grant. 11 McQuillin,…
2Cases cited3 opinions
- Matter of Bd. of Transportation of New YorkNew York Court of Appeals · 1936
- McHale v. StateNew York Court of Appeals · 1952
- Flint v. Town of WilmingtonMassachusetts Supreme Judicial Court · 1941
3Cited by4 opinions
- State v. New Hampshire Retail Grocers Ass'nSupreme Court of New Hampshire · 1975
- Cassube v. MaynardSupreme Court of New Hampshire · 1972
- Cassube v. MaynardSupreme Court of New Hampshire · 1972
- Lisbon Regional School District v. Landaff School DistrictSupreme Court of New Hampshire · 1974