Tuesday, December 15, 2009

Lincoln Park District and eminent domain

The Town Meeting passed an article at the Fall 2008 Town Meeting which authorized the town to seek a Special Act of the General Court to form a development district at Lincoln Park which had the power to issue bonds and to levy assessments and betterments upon property owners in the district in order to pay off the bonds. I posted about the warrant article and legislation here and here again.
The developers complained in August that the town has held them up as I posted here.
Attorneys for the town and the developers as well as the town's bond counsel have been kicking around the wording for the special act for months now. Everyone points the finger at the other guy for the delay but I am not interested in who to blame, I just want to get some housing started at Lincoln Park so that the town doesn't have to pay back the 40R grant of $350,000 next year.
Having said that, I am also not willing to just sign off on any proposal. It seems pretty straightforward that the act should authorize the creation of the district to sell bonds to make infrastruture improvements. That is what the Town Meeting voted to do. The rub comes when the proposed legislation ...

... goes well beyond what the warrant article detailed. That increased scope has been the objection of the town to getting the Special Act wording approved.
In this case, the parts of the proposed Special Act that I cannot support are provisions to give the new quasi-governmental body the power to condemn property in eminent domain takings. That would even be OK with me if it were limited to the land within the district. I don't really know why it is needed since I assume they could deed themselves an easement when the property is conveyed. But as I read the proposed act, the power would extend outside the Lincoln Park district. That is not what Town Meeting voted for and I don't think it is a good idea either.
What are your thoughts?

16 comments:

Anonymous said...

I believe we need to be careful about this. Any development must address a number of environmental issues. The eco-systems that abound in that area are, frankly, an issue to any development. What a shame that we have not chosen to restore the area to something close to what it must have been. Perfect place for the town to acquire and preserve, as has been done with the help of outside funding in other cases.

Anonymous said...

I disagree- it is at the intersection of two major thoroughfares in a fast developing part of the community. We need new growth to create jobs and this is a logical area for a smart, well planned development. Not sure this is either of those two things but a park is not the right solution

Ray Medeiros,Jr said...

I have to disagree with anon. 11:15
When Lincoln Park was open, they employed hundreds of area youth and trades men. The area youth used to work there part time and spend,just like today's youth all their money in our local economy.

If this area was ressurected as a park again, you would see an economic boom in the southcoast.

It is all part of demand side economics, once the park would put money into the hands of the hundreds of teens they would reinvest into our local economy thus creating a higher demand for services in resturants and movie theaters and retail outlets.

A park like it was in the past is better than a housing complex by far in my mind.

Anonymous said...

Bill, what is happening with the 40R Reed Rd. project whose developers want to tie the project in with the 40R Lincoln Park Smart Growth Overlay District project? They were quite eager to be an extension of the Lincoln Park project when they appeared before the Select Board.

Anonymous said...

Ray - the days of simple amusement parks like the old Lincoln Park are long gone. Any viable amusement park would be of the likes of a Six Flags, SeaWorld etc...and I am certain that that would pose more problems than it solves.
Sure I'd love to see Lincoln Park come back but I am realistic enough to know you can'tturn back the clock as much as I might like to.

Anonymous said...

Wouldn"t it be nice.

Anonymous said...

Bill, I think you are right to be cautious about doing anything that might be perceived as undermining Town Meeting's vote. Can't this go on the warrant for the January special meeting, along with the wind turbine project?

Anonymous said...

If the economics supported turning that property into a park again, the developers would do it in an instant. Apparently that idea no longer makes economic sense. We can "wish" all we want. Wishes won't move the idea forward one inch. Only private sector investment will.

Anonymous said...

Pay the $350k back. These developers never had the town's best interest in mind. We can do better than these clowns. If you don't believe me, then just look into what they are about to do on Bakerville Rd.

Ray Medeiros,Jr said...

It may not be economical for a developer today unfortunately. Due to six flags,bush gardens,and many other large parks.

Just the fact that when it was a working park, there was alot of money being spent back into our local economy from the kids that worked there. It would be nice but I understand it isnt feasible.

I was just wondering if there was something better, than what is proposed to be put there.

Anonymous said...

It will get even "better" if the 40R Reed Rd. project gets approval to go ahead and then gets tied in with the Lincoln Park project. Before there is the same outcry about the wind turbines, that it was all news to the neighbors near the turbines' location, find out from the town/SB what the 40R Reed Rd. project entails, so if you are in the neighborhood of that particular area, it will come as no surprise to you that there are individuals who would like to see that property become developed and become a part of the Lincoln Park project by tagging along on its coattails, and there are ideas in the making to do just that, if they get the green light.

Anonymous said...

Pay back the 350. Screw these greedy b@$!@%#$!!!!!

Anonymous said...

Pay back the money and start over, with the best interest of the residents of Dartmouth, NOT the developers! This will be yet another traffic jam and chaos!
What about a community garden, dog park, roller skating, ice skating, sports field, or even minor league baseball clinic, youth center, function hall, etc. anything BUT this plan!

Anonymous said...

I could not agree more with the 8:10 post today. Give back the money. Restore it as much as possible. Make it a park for the central and north areas of the town. The other park off Old Fall River Road is so out of the way, that few use it.

Popcorn said...

This is not public land that we can do anything we want with. Owners have rights and those rights are vitally important. However, when what they want to do with the property requires things like town meeting's help for financing legislation, then we do have some say in the matter.

This project had the sales pitch of being good for the town because it would help us get to the 10% low income housing level, thereby giving the town more rights over 40b developers. Guess what? That 10% is a carrot on a stick. The stick is tied to our harness. No matter how far we walk, we will never reach the carrot. Just as we get close to 10% low income housing, the new census comes along to readjust us back to a lower percentage.

I did not and still don't buy the sales pitch given by these developers. Give back the $350k, start over, and stop acting like the town owns private property.

These developers chose to embark on the plan that they thought would yield the most money. Money alone was their motive. If they lose their shirt on the project, I feel little sympathy for them.

Thank God for Bill when he reviewed their town meeting article and demanded the changes. It looks like he is still doing a good job keeping an eye on these guys. They certainly need someone watching them.

Anonymous said...

This is not public land, of course. However, if the developers cannot come up with a plan that makes sense for the town, then the town should look to acquire the land with preservation funds or some other primary outside funding source. Maybe that starts with giving the $350k back.