In reverse order: 2. Lincoln does not do takings, regardless of what the law may allow. Cambridge has been very friendly to our conservation efforts, often provision $$ to assist in acquisitions, if it is in the watershed. So, we have a vested interest in friendly collaborations with Cambridge and watershed folks.
1. The fact that the sidewalk is potentially draining into the watershed, Cambridge would object…as would Lincoln if in a similar position. All can attend the BPC meeting or an RTC meeting and further pursue this information. > On Sep 20, 2024, at 1:55 PM, John F. Carr <[email protected]> wrote: > > Two separate questions in there: > > 1. Can Lincoln build a sidewalk? I don't see why not as long as it is > on land Lincoln owns. I think there is room on town-owned land. > > 2. Can Lincoln take additional land by eminent domain to build > something more substantial? There is a rule of law called the "prior > public use" doctrine which says land dedicated to a public use may not > be diverted to an inconsistent use without consent of the body in > charge. Lincoln can't drain the reservoir to build a new school > without the consent of Cambridge. A reservoir is a public use and a > school on the dry bottom is incompatible. Can Lincoln take an easement > across 167 Trapelo Road to build a path for nonmotorized traffic? > That I don't know. The path doesn't make the property significantly > less suitable for open space around a reservoir. (It's another story > if you want to extend the sidewalk across the reservoir itself.) > Lincoln could try. Then it's a coin flip. Heads, Cambridge decides > it's not worth fighting over. Tails, Cambridge fights to the death to > defend its honor. > > John Carr > > On Thu, Sep 19, 2024 at 1:41 PM Tim Mangini <[email protected]> wrote: >> >> My naivete I am sure, but does the town not have some sort of eminent domain >> rights to put in a sidewalk? >> > -- > The LincolnTalk mailing list. > To post, send mail to [email protected]. > Browse the archives at https://pairlist9.pair.net/mailman/private/lincoln/. > Change your subscription settings at > https://pairlist9.pair.net/mailman/listinfo/lincoln. > -- The LincolnTalk mailing list. To post, send mail to [email protected]. Browse the archives at https://pairlist9.pair.net/mailman/private/lincoln/. Change your subscription settings at https://pairlist9.pair.net/mailman/listinfo/lincoln.
