Hypothetically could MA eminent domain its beaches?

Java King

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I've always thought these houses along Peggotty Beach in Scituate are insane. The town should take all these by eminent domain! Look at the house almost entirely over the water. How long does it have left in its life? I think it's a beautiful beach that is somewhat ruined by these homes in my opinion.

Peggotty Beach.jpg
 

Brattle Loop

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I've always thought these houses along Peggotty Beach in Scituate are insane. The town should take all these by eminent domain! Look at the house almost entirely over the water. How long does it have left in its life? I think it's a beautiful beach that is somewhat ruined by these homes in my opinion.

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Eminent domain is expensive. Wait a little while and the ocean will take care of it for free 🙃
 

Scott

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Fun fact about fowling: Did you know that there was sea duck hunting off Logan Airport until 9/11?
 

tobyjug

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Eminent domain doesn’t mean “no compensation”. The issue here isn’t that you can’t do it, it’s that you can’t AFFORD to do it.
Brattle Loop is correct.
 

JeffDowntown

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Eminent domain doesn’t mean “no compensation”. The issue here isn’t that you can’t do it, it’s that you can’t AFFORD to do it.
Brattle Loop is correct.
Also as I mentioned the power of Eminent Domain is not absolute. Private property owners can fight the taking (with compensation) and sometimes win in court. The motives of the State are not always viewed as for the public good.
 

Brattle Loop

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Also as I mentioned the power of Eminent Domain is not absolute. Private property owners can fight the taking (with compensation) and sometimes win in court. The motives of the State are not always viewed as for the public good.
This is true. I'm not a lawyer, but I suspect taking this sort of property to literally provide public access to beached would probably qualify as public use. That said, to extend my original semi-sarcastic point, the ocean will do the takings for us without compensation and cannot be sued (though I wouldn't necessarily put it past some of the lawyers on Twitter to try...)
 

KCasiglio

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If its been used and held up in court to build shopping malls I cant fathom how it wouldn't be successful for public beaches.
 

JeffDowntown

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If its been used and held up in court to build shopping malls I cant fathom how it wouldn't be successful for public beaches.
It has also been blocked when attempted for commercial development and residential teardown. Depends on how the courts are feeling that day. (Unfortunately arbitrary.)
 

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