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ARTICLE ID 193707

$________ – Eminent domain – Plaintiff property owners alleged that the taking of its property amounted to a total taking, due to inaccessibility

Withheld County, MA

In this eminent domain matter, the plaintiff property owner alleged that it was entitled to the full value of its property which was rendered useless by the order of taking, which prevented any access to the plaintiff’s property. The defendant denied the allegation, and disputed the value proposed by the plaintiff for the property.

The plaintiff is the owner of the property which was located on Route 1. There was an order for taking acquiring ________ square feet of the land, with access frontage on the southbound lane of Route 1. It was determined through traffic and feasibility studies that it was in the best interest of the public to alter the layout of this area of the roadway and prevent access to the area from Route 1, which resulted in the property being landlocked. The plaintiff contended that the property did not have any value to the abutting property owners, because of the restrictions it had, therefore, the plaintiff contended that the order of taking of ________ square feet, in fact, amounted to a total taking of the property, and sought appropriate compensation.

The defendant disputed the plaintiff’s contentions, although all the involved experts did agree that the property enjoyed unrestricted access to the highway prior to the taking, and this taking rendered the value of the property minimal.

Discovery stated that permitting continued ingress and egress by vehicles at this property location was a public safety risk, and although it had previously enjoyed unrestricted access to the highway, new traffic patterns and increased traffic made this unsafe.

The parties agreed to resolve the plaintiff’s claim for the sum of $________ for the value of the property in a settlement between the parties.

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