Massachusetts General Laws

Mass. Gen. Laws ch. 79, § 38 (2026)

Costs

✓ current as of July 2026

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Section 38. In all proceedings before county commissioners under this chapter, section eighteen of chapter thirty-four shall be applicable. In all proceedings brought under section fourteen, if a petition is filed after an award of damages has been made and the damages are increased, or if no award has been made and the petitioner is found to be entitled to damages, he shall recover costs, which shall be taxed as in actions at law; otherwise he shall pay costs.

Notes of Decisions

Cited in 1 case, 2001–2001 · leading case: North Shore Realty Trust v. Commonwealth, 747 N.E.2d 107 (Mass. 2001).

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North Shore Realty Trust v. Commonwealth, 747 N.E.2d 107 (Mass. 2001). · cites it 3× “North Shore moved for an award of costs under G. L. c. 79, § 38, which was denied. The MDC appealed from the judge’s determination that the land was a “lot” under the ordinance, and North Shore cross-appealed the denial of costs.”

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