§ 5 — Answer

Massachusetts § 5

• 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 5. Any of said respondents, and any other person claiming an interest in any of the land to be taken, damaged or assessed by or on account of said improvement, may appear and file an answer within thirty days after the return day of the petition. In such answer he may (1) deny the right of the petitioner to make the improvement, or to take or damage his land, (2) deny the right of the petitioner to levy an assessment upon his land, (3) impugn the validity or regularity of the proceedings for establishing the improvement, taking property by eminent domain or assessing betterments therefor so far as any absence of such validity or regularity may affect the legality of the taking or damaging of his land, or of the assessment of betterments thereon, in which case he shall specify the invalidity or irregularity relied on, (4) deny the sufficiency of the compensation or damages allotted to him in the estimate of the board, in which case he shall state the amount of compensation or damages claimed by him, (5) deny that his property will receive benefit or advantage, other than the general advantage to the community, from the establishment of the improvement, in the amount stated in the estimate, in which case he shall state the value of such benefit or advantage, if any, which he admits his property will receive.