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Will Malden Redevelopment Authority Go Eminent Domain?

A minor league baseball stadium is bringing a whole range of real estate issues to light in Massachusetts, reports The Boston Globe.

The Malden baseball stadium, worth about $50 million, and future home to a minor league baseball team, is in need of the land currently home to three businesses: L&L Services, a trucking and landscaping company at 11 Canal St.; Spadafora’s Auto Parts, 129 Charles St.; and Collex auto body repair, 124 Centre St.

In an effort to get that land, the Malden baseball stadium's developers will be considering making offers to the businesses. And if that doesn't work, then there is the faint possibility that the Malden Redevelopment Authority may make an eminent domain move.

For those that are unclear about the issue, eminent domain is the right of the government to obtain private land for public purposes. This right derives from federal and state constitutions and related laws. However, the power of eminent domain allows the government to take private land for public purposes only if the government provides fair compensation to the property owner. The process through which the government acquires private property for public benefit is known as condemnation.

If you are on land that you suspect may be targeted by eminent domain in this state, it is smart to lawyer up. A lawyer can advise you about how the condemnation process works, how your property will be valued, and kind of challenge you could mount to the government's taking of the property in the first place. If a lawyer feels that it is fruitful for you to fight, then he or she will let you know that.

For these reasons, when it comes to eminent domain in Mass., you should speak to an attorney early on in the game.

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