Massachusetts Statutes

§ 12 — Measure of damages; federal reimbursement

Massachusetts·Part I ADMINISTRATION OF THE GOVERNMENT·Title XIII EMINENT DOMAIN AND BETTERMENTS·Ch. 79 EMINENT DOMAIN
Section 12. The damages for property taken under this chapter shall be fixed at the value thereof before the recording of the order of taking, and in case only part of a parcel of land is taken there shall be included damages for all injury to the part not taken caused by the taking or by the public improvement for which the taking is made; and there shall be deducted the benefit accruing to the part not taken unless it was stated in the order of taking that betterments were to be assessed. In determining the damages to a parcel of land injured when no part of it has been taken, regard shall be had only to such injury as is special and peculiar to such parcel, and there shall be deducted the benefit accruing to such parcel, unless it was stated in the order of taking, or if there was no ta

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