Eminent Domain Litigation

Todd & Weld has established a reputation for success in eminent domain litigation.  Whether consulting on necessity challenges, takings, constructive takings, condemnation filing matters, eminent domain related environmental issues, or valuation litigation, we pride ourselves on bringing critical thinking to these complex problems.  We have developed relationships with appraisers, engineers, and environmental scientists that allow us to develop creative approaches to valuation and to present those theories and approaches to a jury in a credible and convincing fashion. 

Our practice includes representing both landowners and taking authorities involving parcels ranging in value from a few thousand to several million dollars.  When representing the landowner, we have achieved some of the largest verdicts and settlements in Massachusetts, including multi-million dollar recoveries in connection with the takings of beaches in Martha’s Vineyard and Nantucket, sand and gravel operations in Plymouth, industrial parks on Cape Cod and in Worcester, development land in Milton, Peddock’s Island in Boston Harbor, and Washburn Island in Falmouth.  We have litigated business injury, environmental, appraisal, severance, and cure issues, among others.

Some of our representative cases

  • Represented the Town of Saugus regarding tax abatements and the takings of a land fill and rubbish treatment plant.
  • Represented Hyannis Housing Authority in the taking of 100 parcels to build an industrial park.
  • Represented the Town of Hudson in the taking of a subdivision.

Examples of property owner representation include:

  • Taking of a substantial portion of an industrial park for environmental purposes.
  • Taking of an entire island in Boston Harbor.
  • Constructive taking of a drive-in theater by flights from Logan Airport.
  • Taking for the purpose of a highway which intersected a commercial site.
  • Taking of a residential subdivision to prevent its development.
  • Takings to assemble an industrial park.

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