Somerville’s continued use of eminent domain

On March 6, 2019, in Latest News, by The Somerville Times

The property at 90 Washington St. is being purchased by the City of Somerville by right of eminent domain for the purpose of building a new Public Safety Building.

By Denise Keniston

On Thursday, February 28, Somerville’s City Council unanimously approved a land purchase by eminent domain for $8,735,000. The parcel at 90 Washington St. (formerly Cobble Hill Shopping Center) will be the new site of Somerville’s Public Safety Building.

“That parcel has been vacant for 5 years and the partners who own it have been battling each other in court for most of that time,” said Ward 5 Councilor Mark Neidergang. “So since there was nothing there and no prospects anytime soon for it being developed, and since the city needed a public safety building, the administration asked the board for that $8.7M to take it using the right of eminent domain.”

Eminent domain refers to the power of the government to take private property and convert it to public use. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.

Lawyers for the current owners of 90 Washington St. contend the parcel is worth well over $8.7M and that any litigation impeding the sale or development of the land has been resolved. They want the “opportunity to sell the property” on the open market to see what the market will bear. According to Neidergang the city is well within its rights via eminent domain to take the property, but he agrees the parcel is worth more. “Personally, I believe he’s right. It is worth more than $8.7M and I think they’ll get it in court after the fact.”

This is not the first time Somerville has used its power to take private property. In 2013, several properties in Union Square were taken by eminent domain via the Union Square Revitalization Plan. The city paid $4.5M and took the so-called North Prospect Block (consisting of 21 properties) in Union Square to make way for the MBTA Green Line. Many of those lawsuits are still lingering in the courts.

The parcel at 90 Washington St. will be used to relocate the Somerville Police Department and Somerville Fire Department’s Engine 3. The SPD moved into its current location at 220 Washington St. in Union Square back in 1985 and Somerville’s mayor has been vocal about relocating the Police Department from the heart of Union Square to a more strategic spot. “We have long recognized that the current Public Safety Building does not adequately serve the needs of our police and fire departments,” Mayor Joseph A. Curtatone said in a recent interview.

The city will float low interest rate bonds to raise the $8.7M. On Thursday, March 7, at 7:00 p.m. the Somerville Redevelopment Authority will officially vote on the matter.

 

4 Responses to “Somerville’s continued use of eminent domain”

  1. Matt C says:

    When Mark said “Personally, I believe he’s right. It is worth more than $8.7M and I think they’ll get it in court after the fact.” and then the BOA voted unanimously to purchase it, to me at least, sounds messed up.

    The city is committing to do something, saying it costs say $10, passing an approval at cost $10 yet knowing that in the end it will cost more that $10 committing to pay some unknown amount..

  2. Frog picnic says:

    Sitting for 5 years? Maybe couldn’t get permits because they dont use the correct attorney or developer or repo man?

  3. Huh? says:

    How long has the city-owned Homans Building been vacant? How long has the city-owned former Powderhouse School been vacant? How long has a large piece of dirt which was supposed to be developed been vacant on Somerville Ave. near Park Street? How long has the hole in Teele Square where there was a fire been vacant? Let’s be transparent and face facts. It depends on who you are, where the property is, and how much $$$ is involved.

  4. Villenous says:

    Genius negotiating stance there from Neidergang. That’s a quote sure to resurface in any potential lawsuit. Has anyone explained to him his job is to look after the public’s money?