Boston Chamber of Commerce v. City of Boston
Citations
- 217 U.S. 189
- 30 S. Ct. 459
- 54 L. Ed. 725
- 1910 U.S. LEXIS 1953
Syllabus
<p>This court accepts the construction of a state statute as to condemnation of land given to it by the state court.</p> <p>While in condemnation proceedings the mere mode of occupation does riot 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.</p> <p>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 ao'«e 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.</p> <p>195 Massachusetts, 338, affirmed.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the compensation paid for the condemned property should place the property owner in as good a position as before the taking
- noting that the compensation paid for the condemned property should place the property owner in as good a position as before the taking
- “And the question is, What has the owner lost? not, What has the taker gained?”
- “[T]lie question is [w]hat has the owner lost? not, [w]hat has the taker gained ?”
- “[The Constitution] merely requires that an owner of property taken should be paid for what is taken from him. It deals with persons, not with tracts of land. And the question is, What has the owner lost? not, What has the taker gained?”
- “[The Constitution] merely requires that an owner of property taken should be paid for what is taken from him. It deals with persons, not with tracts of land. And the question is, What has the owner lost? not, What has the taker gained?”
Source: CourtListener parenthetical corpus (CC0).
Judges: Holmes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.