Skyline Homes v. Commonwealth
MA.366 , 290 N.E.2d 160, 684 (1972)(362 Mass)
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Publisher Description
In a proceeding to determine just compensation for a parcel taken by eminent domain, the trial Judge was warranted in excluding evidence of the parcel's potential use as a source of loam where the town zoning by-law barred such a use, except by a special permit, and the landowner introduced no evidence of a reasonable prospect that the bar would soon be lifted. [685-686, 687-688] Discussion of when potential uses can be considered in fixing just compensation for land taken by eminent domain. [686-688]