This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...if entry was not made within a certain period the taking should be void; in case of such abandonment the owner should recover the loss he suffered by the pendency of the proceedings. Under such statutes it was held that the loss must be recovered in a different proceeding from the original petition for the ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...if entry was not made within a certain period the taking should be void; in case of such abandonment the owner should recover the loss he suffered by the pendency of the proceedings. Under such statutes it was held that the loss must be recovered in a different proceeding from the original petition for the assessment of damages for the taking,89 that the compensation must be limited to financial loss and could not include vexation, annoyance and uncertainty,90 and that when the land had been used by the public, but had not been entered by the municipal authorities for the purpose of construction, the owner was entitled to damages for the public use only.91 When the court is given authority by statute to permit a discontinuance upon such terms as it deems just, it is not unusual or improper to require that the owner be reimbursed his necessary legal expenses,92 and in such a case it is not considered an abuse of discretion to allow a dismissal of the proceeding only upon payment of compensation for the inconvenience and loss of the free use of the land to 88. Supra, I 417, note 53. 89. Drury v. Boston, 101 Mass. 439. 90. Whitney v. Lynn, 122 Mass. 338. When the owner had planned to erect a building on the land, and was obliged to delay beginning construction until the taking lapsed, it was held that he was not entitled to recover loss of rentals, loss of an advantageous sale, architects' charges for making changes in the plans, or amounts paid as taxes either on the lot as a whole or on the part taken. Munroe v. Woburn, 220 Mass. 116, 107 N. E. 413. Under a similar statute in Pennsylvania it was held that the costs and damages recoverable upon the discontinuance of proceedings to open a street include ordinary witness fees and depreciation in...
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New. Sewn binding. Cloth over boards. 878 p. In Stock. 100% Money Back Guarantee. Brand New, Perfect Condition, allow 4-14 business days for standard shipping. To Alaska, Hawaii, U.S. protectorate, P.O. box, and APO/FPO addresses allow 4-28 business days for Standard shipping. No expedited shipping. All orders placed with expedited shipping will be cancelled. Over 3, 000, 000 happy customers.
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PLEASE NOTE, WE DO NOT SHIP TO DENMARK. New Book. Shipped from UK in 4 to 14 days. Established seller since 2000. Please note we cannot offer an expedited shipping service from the UK.
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PLEASE NOTE, WE DO NOT SHIP TO DENMARK. New Book. Shipped from UK in 4 to 14 days. Established seller since 2000. Please note we cannot offer an expedited shipping service from the UK.