Phelan eminent domain filings completed

January 27, 2010
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All the legal paperwork is complete and that paperwork will be filed in the Land Court this week for the taking of easements throughout the Lynn waterfront development area on portions of property where the power lines will be hanging over head.

“These are aerial easements,” said Council President Timothy Phelan.

Some takings seek to create buffer zones in areas not impacted by the overhead power lines. This is such a case, according to the council president.

“We must comply with Federal regulations and this is what we are doing,” Phelan added.

Once the Land Court filings are completed, the city will own the easements.

“If the land owners disagree with the value we have assessed to the easement, they have the right to appeal,” said Phelan.

In eminent domain takings of this kind, owners cannot prevent the taking but can argue the value, which it is expected all the landowners affected will do.

“This is their right,” said Phelan.

As soon as the city files, the city is looking at construction or deconstruction in all likelihood within 30 to 60 days – thus ending a nearly 30 years effort to remove the power lines in order to develop the valuable land near to the Lynn shoreline along the Lynnway.

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