Is Eminent Domain Really Necessary for the Rail Trail?

In a recent Patch article titled "Eminent Domain Language Concerns Rail Trail Opponents" it was stated the eminent domain portion of the Rail Trail article, which authorizes the Board of Selectmen to acquire by gift, purchase, or eminent domain the fee or any lesser interests in land that may be necessary to design, construct and operate the rail trail, is "necessary legal language," and we Dedham residents are supposed to simply accept that, and take Selectman Dennis Guilfoyle at his word (wink, wink) when he says the Town of Dedham will not take anyone's land. Fortunately, I am not an abutter to the rail trail, but I have grave concerns about the eminent domain provision in the article.

My question to the Board of Selectman, Town, and proponents of the rail trail is simply this: if the Town has no intention, now or at any point in the future, of taking anyone's land for this project, why is this language necessary for the article?

In my view the Town of Dedham wants this right, even if they have no plans to immediately exercise it, because they want the option to exercise this right should it become necessary at some point in the future. The abutters are rightly disturbed by this language, and they should be. In addition to the eminent domain language, the problems raised by the abutters related to increased traffic and crime, and potential declines in property values have not been adequately addressed by either Weston & Sampson, or the Town. The proponents are operating under the rosy assumption that what works in Lexington is going to work in Dedham, and property values will go up. That's not guaranteed, and there will be no reimbursement for affected properties should property values decline due to proximity to the rail trail, which would likely be difficult to prove anyway.

I think most Dedham residents can agree that a public use "rail trail" would be a nice addition to the community. Many of us, myself included, have hiked or biked on similar trails located all over Massachusetts, such as the bike trail that traverses Cape Cod. However, just because a majority of individuals think something is a good idea, or "a healthy and wonderful thing many towns are doing," in the words of rail trail supporter Georganna Woods, does not mean that this group of individuals has the right to use the power of the State to trample on the rights of others, most notably the abutters. That's not democracy, as some have suggested, that's tyranny by the majority.

If Dedham wants a rail trail we should do it in a way that is acceptable to everyone and doesn't involve giving the Town the power to take an individual's property, by just compensation or otherwise, to put in a bike trail. Eminent domain should only be used in very rare instances, not for pet projects like this one.

So, as you consider this project, and the increasing amounts of funds that are being requested by its proponents for "feasibility studies" etc., ask yourself whether you would support such a project in its present state, if it were your property rights at stake.