Mass. Gen. Laws » Part I Title XIII Chapter 79
Massachusetts General Laws

Mass. Gen. Laws ch. 79, § 29 (2026)

Award to persons holding different interests; apportionment

✓ current as of July 2026
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Section 29. If, on such petition, the court or jury find any of the parties entitled to damages, there shall first be found and set forth the total amount of damages sustained by the owners of such property, estimating the same as an entire estate and as if it were the sole property of one owner in fee simple; and such damages shall then be apportioned among the several parties who are found to be entitled thereto, in proportion to their several interests and to the damages sustained by them, respectively, and such apportionment shall be set forth in the finding or verdict; and if it is found that any party has not sustained damage, it shall be set forth in the finding or verdict that he is awarded no damages. The finding or verdict shall be conclusive upon all parties interested who have become parties to the petition.

Notes of Decisions
Cited in 1 case, 1929–1929 · leading case: Barnes v. City of Springfield, 168 N.E. 78 (Mass. 1929).
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Barnes v. City of Springfield, 168 N.E. 78 (Mass. 1929). “48, § 22, and G. L. c. 79, § 29. Through all of these years the provision for apportionment of damages has required that the jury shall first find and set forth in their verdict the total amount of damages sustained by the owners of the property, estimating the same as an entire…”
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