If any person in his answer denies the right of the petitioner to make the improvement
or to take or damage his property, or to levy an assessment thereon, or impugns the
validity or regularity of the proceedings, the court shall forthwith hear and determine
the issue thus raised, and may order the petition dismissed or may enter an order
establishing the right of the petitioner to take the real estate, or interest therein,
described in the order for the purpose therein stated and to assess betterments as
therein set forth, or may enter such other order as law and justice may require. If the court does not order the petition dismissed, and one or more of the respondents
allege exceptions or appeal to the supreme judicial court or the matter is reported
to the supreme judicial court, further proceedings shall not be stayed unless the
justice who heard and determined the matter so directs. If no such issue is raised by any person in his answer, the court shall, on motion
of the petitioner, enter an order establishing the right of the petitioner to take
the real estate, or interest therein, described in the order for the purpose therein
stated and to assess betterments as therein set forth. An order under this section establishing the right of the petitioner to take property
or to assess betterments shall be final and conclusive as to the validity of the proceedings
up to the date of the adoption of such order.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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