LYNN — The City Council voted unanimously Tuesday night to use eminent domain — the government power to take private property for public use — to take several pieces of property in Ward 1.
The two properties are 78 parcels of land on Lynnfield Street to continue repairs for the Lynnfield Street Improvement Project and 1,900 acres of land in Lynn Woods, which will be used as a conservation restriction for the Department of Conservation & Recreation (DCR) and the Essex County Greenbelt Associates, Inc.
Assistant City Solicitor James Lamanna told the council Tuesday night that the owners of the Lynnfield Street parcels were sent a notice of intent six months ago and have met with Department of Public Works Commissioner Andrew Hall about receiving monetary compensation for the temporary land takings. All parties have agreed to the use of eminent domain, Lamanna said.
“This would be a temporary easement,” Lamanna said. “There might be, on a rare occasion, that an owner might lose as much as 100 feet of their property but, again, that is rare.”
Lamanna said the use of eminent domain would allow for any potential damages to property owned by individuals to be nullified, as the city would own the parcels.
Hall said there have been no complaints from the owners of the properties about the city using eminent domain. He told the council that the monetary compensations are paid for by the city.
“We paid an independent appraiser to determine the costs,” Hall said. “So far, we have had no complaints or calls come in about the proposed taking or the monetary compensations.”
According to Lamanna, the city paid $206,000 in total to the residents of Lynnfield Street.
The Lynnfield Street Improvement Plan is an ongoing construction project that is paid for by the Massachusetts Department of Transportation (MassDOT).
The project, which started this year, consists of the reconstruction of Route 129, or Lynnfield Street, between Colonial Avenue and Cowdrey Avenue, new concrete sidewalks with granite curbing, new wheelchair ramps and drainage improvements, according to the MassDOT website.
Ward 1 Councilor Wayne Lozzi said he is excited about the plan, saying that the temporary taking of the parcels will help to move the project forward.
“It’s wonderful because it is going to help us move forward with the improvements,” Lozzi said. “This taking of the land is very procedural and it will help protect owners from any damages that might occur.”
The other use of eminent domain enacted Tuesday night was to take 1,900 acres of land located in Lynn Woods.
The land, according to Lamanna, was owned by an unknown individual since the 1900s.
Because the owner is unlikely to still be alive, the city used eminent domain to take back the property and incorporate it into the entirety of the municipal-owned woods, Lamanna said.
In October 2021, the council voted unanimously to exercise eminent domain for 98.7 acres of unclaimed land as part of the restriction to keep Lynn Woods protected.
The conservation restriction applies to park lands, forest lands and watershed lands.
City Council President Jay Walsh said the taking of the 1,900 acres will help keep Lynn Woods protected and safeguarded. He said the use of eminent domain — while rare — was necessary.
“The reason we are doing this is to protect Lynn Woods,” Walsh said, “I’m doing this so that my kid and my kid’s kid gets to experience what it has to offer.”
As the owner is no longer alive, the city will not need to pay any monetary compensation for the 1,900 acres.
