General Laws of Massachusetts - Chapter 79 Eminent Domain - Section 24 Damages sustained by tenant for life or years and remaindermen; trust

Section 24. If a tenant for life or for years and the remainderman or reversioner sustain damages which are recoverable under this chapter, by the taking of their property by eminent domain or by injury thereto under authority of law, or if property so taken or injured is encumbered by a contingent remainder, executory devise or power of appointment, entire damages shall be assessed without apportionment thereof, and shall be paid to, or be recoverable by, any person whom the parties may appoint, and be held in trust by him for their benefit according to their respective interests. The trustee shall, from the income thereof, pay to the reversioner or remainderman the value of any annual rent or other payment which would, but for such damages, have been payable by the tenant, and the balance thereof to such tenant during the period for which his estate was limited, and upon its termination, he shall pay the principal to the reversioner or remainderman.

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Last modified: September 11, 2015