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Eminent Domain in Boston

Eminent domain is the power of government to take private land for public use. This power is limited by the federal Constitution and by state constitutions -- when the government does take private property for public use, it must fairly compensate the owner for the taking.

Sometimes the government's use of eminent domain is a straightforward matter, with the government providing the landowner a fair price, and the landowner giving up the property. At other times, however, government and the landowner may disagree over whether a taking has occurred, and how much compensation is due. In all these situations, a Boston Real Estate lawyer can best help an individual fight for the fair value of their property.


Recently in Eminent Domain in Boston:

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.

Town Orders Property Condemnation of Easton Real Estate

The Town of Easton has ordered the property condemnation of a piece of land that has plagued the residents of the landscaped Village Gate Community for years. The Easton real estate at issue is apparently overgrown with weeds, rotted trees, and burned out trailers, in stark contrast to the otherwise manicured townhouse community.

According to Wicked Local Easton, neighbors of the blight on 427 Turnpike Street have been concerned with the property saying that it invites vermin and vagrants. On the property are piles of trash and three trailers left in disrepair. One of the trailers was damaged in a fire three years ago, and the debris of the fire has been left on the property ever since. Neighbors have expressed concern that the eyesore affects their own home values.

Boston Mayor Thomas Menino versus Vornado Realty

Most Boston real estate lawyers understand the word "eminent domain" to mean that the government plans to take over property with an economic development purpose.

And while this is generally understood to relate to the building of some public necessity or perhaps public transit, the principle is simple: the government can condemn private property for an economic development.

But the city of Boston is now using the tactic of eminent domain in an alleged hardball tactic against one of the city's most prominent developers.