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Saturday, July 28, 2007

Eminent Domain: Plainfield owners can learn from Somerville Pathmark




Plainfield businesses concerned about how eminent domain proceedings would unfold if the City attempts to excercise the 'taking' procedure in advancing any of its redevelopment plans can gain some understanding of the process from a story in today's Courier.

In Somerville, where Middlesex County über-developer Jack Morris has been attempting a redevelopment of the Downtown Somerville Shopping Center for two years, Pathmark has fought the project every step of the way.

Why not? They evidently have a profitable business in a building they consider far from 'blighted' and which they believe does not contribute to the neighborhood's 'deterioration'.

They also believe their lease is worth far more -- $3.4M -- than the $1.6M value the town has set.

On Friday, Pathmark was served with an official 'declaration of taking', meaning the borough is now effectively the owner of the lease.

The difference between the two parties will have to be settled in a further court proceeding. [Read more here...]



Eminent Domain - Somerville: "Somerville seizes supermarket's lease"

-- Dan Damon

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