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| Click on the image above to go to a PDF of the story |
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The first example in the U.S. of a community using Eminent Domain to 'reassemble' former railroad corridor for the purpose of creating a public walking or biking pathway was in Falmouth and Woods Hole on Cape Cod, Massachusetts.
This was in the 1970s and it was a couple of years of court cases and appeals before it finally went before the Supreme Judicial Court of Massachusetts. See this great booklet published by the Woods Hole Historical Society that tells the largely forgotten story about the trials and tribulations of building a trail way back then when such a thing was a bit of a new fangled idea. LINK HERE to the story.
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| More examples of Eminent Domain to create a public pathway |
The City of Northampton, Massachusetts has used eminent domain several times in the purchase of right-of-way easements and fee simple title from MassElectric (which had purchased the right-of way from Penn Central) and, in cases where title was not clear, from other private property holders.
Sample takings (attached):
1. MassCentral Rail Trail in Leeds
2. MassCentral Rail Trail access ramp at Jackson Street
Hazardous Release Liability: Acquiring a right-of-way easement instead of fee simple title may protect cities from liability for existing releases of hazardous materials that are not made worse by the project.
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| Examples of the legal documents |
| Here's a couple of Northampton examples on the Mass Central Rail Trail |
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| Click on the image to go to a PDF of the file |
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| Click on the image above to go to a PDF of the file |
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| Here's an example in Marion on the South Coast Bikeway |
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| Click on the image above to go to a PDF file. |
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| The MBTA, the transit authority in and around Boston |
Around the same time as the case on Woods Hole, the MBTA entered into an agreement with the Boston & Maine Railroad to purchase the B&M's existing operational commuter rail lines AND their dormant lines.
These were two separate transactions and in both cases the MBTA used their "confirmatory takings" tool--their version of eminent domain-- to clear up any "cloudy" title.
Today, 40+ years later, many of the communities hosting these forgotten corridors are in the process of building them out into linear parks. Check out the lists which totals about 60 communities.
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| Click on the image above to go to a PDF file |
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| Click on the image above to go to a PDF file |
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| More examples are coming soon |
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