Massachusetts Land Use Monitor

Massachusetts Land Use Monitor

Real-Time News & Commentary on Massachusetts Land Use & Real Estate Law

Category Archives: Eminent Domain

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Landowner Near Gillette Stadium Gets New Set Of Downs In Eminent Domain Case

Posted in Eminent Domain
In its recent decision in Rodman v. Commonwealth (pdf), the Massachusetts Appeals Court reversed a Superior Court judgment entered after a jury trial almost 10 years ago.  That judgment had required the plaintiffs, who sought damages for an eminent domain taking of their land in Foxboro, to repay the Commonwealth about $165,000 – the amount by which the pro tanto award the plaintiffs received exceeded the damages… Continue Reading

SJC Reverses Eminent Domain Judgment For Impacts From Sagamore Bridge “Flyover”

Posted in Eminent Domain, Miscellaneous
In its decision issued last week in Sorenti Bros., Inc. v. Commonwealth, the Supreme Judicial Court (SJC) ruled that a gas station owner is not entitled to eminent domain damages due to the elimination of the rotary at the foot of the Sagamore Bridge in Bourne.  The owner claimed that the so-called “flyover” project impaired its access… Continue Reading

Eminent Domain Taking of Private Sewer System Costs City Almost Nothing

Posted in Eminent Domain
The Appeals Court has ruled that the City of North Adams owes a plaintiff developer nothing – beyond a “nusiance” pro tanto payment of $10,000 – for an eminent domain taking of the developer’s private sewer system.  In a “battle of experts,” the developer’s appraiser testified that the sewer system was worth $271,000, while the city’s appraiser opined that it had no value because (1) the developer had already recouped… Continue Reading

“Dude, Where’s My Grandfathering?” Partial Taking Destroys Protected Status

Posted in Eminent Domain, Nonconforming Use, Zoning
In its recent decision in Johnson v. Board of Appeals of Andover (pdf), the Appeals Court affirmed a Land Court ruling that a 1971 eminent domain taking of part of a lot destroyed the lot’s grandfather protection under M.G.L. c. 40A, § 6 (pdf) (Section 6).  The court noted that, when this occurs, the owner is entitled to seek compensation for any diminution in value attributable to the… Continue Reading