§ 11 — Abandonment or discontinuance of proceedings

Massachusetts § 11

• Jurisdiction: Massachusetts
• Part I: ADMINISTRATION OF THE GOVERNMENT
• Title XIII: EMINENT DOMAIN AND BETTERMENTS
• Ch. 80A: EMINENT DOMAIN TAKINGS AND BETTERMENT ASSESSMENTS BY JUDICIAL PROCEEDINGS

Text

Section 11. The board may at any time before final judgment of condemnation abandon the proposed improvement and discontinue the proceedings, in which case all action taken thereunder and under the proceedings for the laying out or establishment of such improvement shall become void; but in such case, or in case the petition shall be dismissed on motion of a party respondent under section ten, any person who has suffered damage or loss or been put to expense by the proceedings shall be entitled to recover indemnity in full by order of the court and for which execution shall issue. In case of abandonment or dismissal as aforesaid, the clerk of the court shall forthwith transmit for record to every registry of deeds designated in the petition as provided in section four a certificate that all proceedings in relation to such improvement have been discontinued or dismissed. At any time after the right of the petitioner to take the property described in the order for the purpose stated therein and to assess betterments therefor has been established, if it shall be made to appear that all laws requiring appropriations of money, to be raised by loan or otherwise, in cases of the taking of land by eminent domain, in so far as applicable, have been complied with, the court shall on motion of the petitioner enter an interlocutory judgment of condemnation, which shall have the same effect as a final judgment of condemnation, except with respect to compensation, damages and assessments for benefits, and the proceedings shall continue as herein provided with respect to compensation, damages, and assessments; but the petitioner shall not thereafter have the right to discontinue the proceedings.