The metropolis of New Bedford has hurled a possible lawsuit on the MBTA, threatening the state’s embattled transit company with a swimsuit over taking land for the a lot anticipated South Coast Rail venture.
Lawyers for the town have drafted a lawsuit towards the T, arguing that the land takings for a proposed rail station in New Bedford must be “declared invalid.”
The metropolis within the swimsuit claimed that the MBTA’s cost for the properties was “grossly inadequate,” and the town is looking for damages from the T.
“This is an action to invalidate a series of purported takings and to obtain damages… resulting from the attempted eminent domain acquisition by Defendant MBTA of certain real property of Plaintiffs, near the proposed passenger rail station in downtown New Bedford as part of the South Coast Rail Project,” reads the town’s draft lawsuit.
“The Defendant’s stated purpose for acquiring the land was to create parking for MBTA employees, establish layover space for MBTA trains, and otherwise support the MBTA’s operations,” the lawsuit states.
The MBTA in a press release stated the state company “appropriately exercised its eminent domain powers as provided by the Legislature and paid fair market value for all the properties taken.”
The South Coast Rail venture will restore Commuter Rail service between Boston and southeastern Massachusetts.
New Bedford within the draft lawsuit is arguing that the town on the time of the land takings was exterior the T’s service space.
That means, the town wrote within the swimsuit, “The MBTA did not have authority to construct mass transportation facilities in New Bedford.”
“If the Defendant MBTA was authorized to take Plaintiffs’ land in public use, such authority was limited to taking public land already in mass transportation use,” the swimsuit provides.
The T additionally didn’t present any “equivalent land” to the town, they argue.
“Plaintiffs have been offered sums of money as compensation for the takings of their respective properties, which are grossly inadequate and do not reflect the fair market value of the properties taken,” the lawsuit reads.
A spokesperson for the MBTA stated the T paid $486,627 for the properties.
“The land that was acquired will be used for the New Bedford Station, including two smaller sections for access plazas, ADA/van and electric vehicle parking spaces and the train layover site, including a crew building and associated employee parking,” the MBTA spokesperson added.
New Bedford, Taunton and Fall River are the one main cities inside 50 miles of Boston that don’t at present have Commuter Rail entry to Boston.
Source: www.bostonherald.com”
