Article 12/Bylaw amendment – eminent domain
Began at 20:21.
The BoS recommended a bylaw change as set out in its report to restrict the Town’s power of eminent domain, citing the dissent in Kelo.
Mr. Belskis, the lead proponent, also read from the dissent and described how a future meeting’s acceptance of MGL 40Q could do away with the 2/3 supermajority requirement and take power out of the hands of Town Meeting.
Mr. Carreiro asked Town Counsel to give an opinion on the legal claims made in the ARB report and to describe the Massachusetts legal meaning of “blight”. Town Counsel said that eminent domain can be used to clear title. He said he can see both sides of the article and that reasonable people can differ. He described blight in terms that would not appear to apply to Arlington.
Mr. Schlichtman asked why the ARB is for no action. Mr. Fitzsimmons replied that because of the 2/3rds requirement for a taking, Town Meeting will exercise good judgement and should not have its hands tied.
Mr. Tosti, speaking for himself, said this was an attack on Town Meeting and that Town Meeting would never do what New London did to Kelo et al.
Mr. Quinn said he was initially a supporter but now agreed with Mr. Tosti.
Mr. DeCoursey said the proposed vote was unnecessary and that flexibility should be retained.
Mr. Rehrig said he was opposed because the proposal is futile — since a 2/3rds vote is required for a taking, if Town Meeting wanted to do the taking, it would be definition have the votes to repeal any restriction by-law. He said he supported the intent but was nonetheless for no action.
Mr. Loreti brought Mr. Fitzsimmons back up. He said that Massachusetts has a blight requirement that Connecticut does not have, that the 2/3rds issue makes the proposal moot, that eminent domain is useful to clear title, and that the ARB is worried about the “or result” language in the proposal leading to more litigation.
Mr. Deyst moved the previous question, which carried.
The BoS recommendation was defeated on a voice vote. The article was disposed of at 20:46, a total of 25 minutes.