SWAMPSCOTT — National Grid, a company that provides electricity and gas to 168 municipalities in Massachusetts including Swampscott and Salem, filed a civil complaint against the Town of Swampscott and its Select Board to invalidate the town’s taking of an easement as part of a rail-trail project.
The complaint, filed in Essex Superior Court in Salem on Monday, claims the board’s taking of the property located in a corridor between Stetson Avenue and Humphrey Street in Swampscott on Feb. 19, 2019 lacked proper authorization from Town Meeting purporting to approve the taking.
National Grid claims the vote was flawed, because the taking was conditioned on the satisfaction of several conditions — one being the fact that property could be no more than 10 feet from the centerline of the corridor between the present Swampscott train station and the Marblehead border at Seaview Avenue, Marblehead. The complaint alleges that the property was more than 10 feet from the centerline.
“Town Meeting authorized the board to use eminent domain to take land within the corridor, only if such land was no more than 10-feet wide,” the complaint states. “The board adopted an order of taking, purporting to take parcels of land more than 10-feet wide.
“The board cannot take property by eminent domain unless it has been specifically authorized to do so by Town Meeting under G.L. Chapter 40, section 14,” the complaint stated.
The complaint was filed on Monday; there was a special Town Meeting that same night, with members voting to begin negotiations with National Grid over the easement. Negotiations were to occur in 2022.
Swampscott Town Administrator Sean Fitzgerald said the town has a good relationship with National Grid and will make any additional changes requested to continue the process on the rail trail.
“We have a good relationship with National Grid,” said Fitzgerald. “This is about their preservation of rights.”
The rail-trail website says that the planned extension of the path would go from Bradlee Avenue to Stetson Avenue. The town identified the property owned by National Grid located on Paradise Road, Walker Road and Humphrey Street.
The complaint states that the Select Board’s use of eminent domain under Article 25 was not allowed, as it took parcels of land that were more than 10-feet wide and was done without authorization by Town Meeting under Chapter 40, section 14 of the Massachusetts General Law.
“National Grid was not given notice of the order of taking by the town,” the complaint alleges. “Immediately upon becoming aware of the recording of the order of taking, National Grid attempted to work with the town to clarify the respective legal rights and obligations in property. The town provided only scant information to National Grid in response to its requests.”
The complaint also says that National Grid is entitled to “reasonable compensation” of damages under Chapter 79, section 6 of the Massachusetts General Law. The Town of Swampscott allegedly offered $100 in damages, to which the complaint says, “The damages caused by the town’s taking were much greater than $100.” The complaint states the value of the easement has been appraised at approximately $1.43 million.
Count one asks the court to grant an injunction of the taking of land, based on the town violating Article 25’s condition that no more than a 10-foot-wide property can be taken and the violation of Chapter 40, section 14.
Count two seeks action for damages under Chapter 79, section 6 of the Massachusetts General Law, alleging that the town damaged National Grid’s property rights by the order of the taking in 2019.
Count three seeks action for damages under the Fifth Amendment of the United States Constitution, which states, “Nor shall private property be taken for public use, without just compensation.” The company seeks compensation for alleged damages to property rights by the town.
Fitzgerald says he is not concerned with the lawsuit and is confident that these issues will be solved.
“This is due process,” said Fitzgerald. “We’re happy to make any changes to help future generations of kids with this trail.”