Boston Chamber of Commerce v. Boston, 217 U.S. 189 (1910)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 217 U.S. 180, click here.

Boston Chamber of Commerce v. Boston


No. 99


Argued March 2, 3, 1910
Decided April 4, 1910
217 U.S. 189

ERROR TO THE SUPERIOR COURT
OF THE STATE OF MASSACHUSETTS

Syllabus

This Court accepts the construction of a state statute as to condemnation of land given to it by the state court.

While, in condemnation proceedings, the mere mode of occupation does not limit the right of an owner’s recovery, the Fourteenth Amendment does not require a disregard of the mode of ownership, or require land to be valued as an unencumbered whole when not so held.

Where one person owns the land condemned subject to servitudes to others, the parties in interest are not entitled to have damages estimated as if the land were the sole property of one owner, nor are they deprived of their property without due process of law within the meaning of the Fourteenth Amendment because each is awarded the value of his respective interest in the property.

195 Mass. 338 affirmed.

The facts are stated in the opinion.