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This article was published 2 year(s) and 1 month(s) ago

LTE: Lynn violates eminent domain guidelines

To the editor

July 13, 2023 by To the editor

To the editor:

 

The City of Lynn has violated The Federal Aid Acquisition Guide established for takings by eminent domain.

On July 3, I received a letter from Howard S. Dono & Associates informing me that it has been hired by the City of Lynn to appraise neighborhood real estate for the purpose of the eminent domain takings that will be a result of the Broadway intersection construction project.

The letter stated in part, “You may have information you feel is important to the appraisal process and I very much welcome this input.”

Accompanying that letter was a signed appraiser’s affidavit on MassDOT letterhead certifying that on June 29, Mr. Dono afforded me the opportunity to accompany him on the inspection of my property. The certified letter was postmarked June 30.

The Federal Aid Acquisition Guide states, “The assigned appraiser must offer the property owner an opportunity to accompany them during the inspection of the impacted property.”

An accompanying Lynn Law Department letter stated, “The appraiser will notify you of the date and time of their inspection and you will be afforded the opportunity to attend said inspection. Upon completion of the appraisal you will be presented with an offer.”

On July 4, I acknowledged receiving the letter and asked to set up an appointment to meet.

On July 5, I received a reply stating that Mr. Dono would be out of the office for two weeks.

On July 6, I asked Mr. Dono for the eminent domain taking plans.

On July 10, Mr. Dono replied that he is on the West Coast vacationing until July 18.

On July 10, I received another certified letter from Mr. Dono informing me of the results of his appraisal.

As required by the federal guidelines and affirmed in a City of Lynn Law Department letter, I was not afforded the opportunity to attend the inspection prior to the completion of the appraisal.

This appraisal process is a true reflection of the ill-conceived Broadway Reconstruction Project.

 

Sincerely,

Salvy Migliaccio
Lynn
(Salvy Migliaccio is a former president of the Lynn City Council.)

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