Keyword Search: Takings

SJC-10714: MASSACHUSETTS WATER RESOURCES AUTHORITY vs. EXELON EDGAR, LLC & others

Argument: October 2010

Keywords: Damages - Energy - Real Property - Takings - Zoning

Question Presented: How should a plaintiff prove damages from a taking based on a development plan that is currently barred by statute?

Facts: The defendant water authority took property by eminent domain from the plaintiff energy company to build a sewer relief system. Market value was paid based on anticipated industrial uses. The …

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SJC-10626: CLEALAND B. BLAIR & others vs. MASSACHUSETTS DEPARTMENT OF CONSERVATION AND RECREATION

Amicus due February 16, 2010 - Argument: May 4, 2010

Keywords: Constitutional Law - Environmental Law - Takings

Question Presented: Whether enforcement of the Massachusetts Watershed Management Act, GL. c. 92A½, effects a regulatory taking requiring just compensation under the Massachusetts Constitution.  

Facts: The Watershed Management Act of 1992 prohibits alterations to land within 200 feet of a lake. GL. c. 92A½.  However, the Act allows construction of a single family dwelling on …

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