These Massachusetts homeowners are having their home seized by the state — what to know about eminent domain
Plans to replace the Sagamore Bridge, a major access point to Cape Cod, have recently sparked controversy as several homeowners face losing their properties to eminent domain.
While many local drivers welcome the infrastructure improvements, affected residents are struggling with uncertainty about compensation, relocation and the impact on property values.
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Marc and Joan Hendel, who recently moved to Sagamore's Round Hill community, were devastated to learn that their home could be taken as part of the project.
'This is heartbreaking to us that they're just coldly giving us a letter that says we're going to destroy your home,' Marc told CBS Boston.
The Massachusetts Department of Transportation (MassDOT) plans to replace the aging Sagamore Bridge as part of a broader effort to improve Cape Cod's infrastructure. The project, which also includes replacing the Bourne Bridge, is expected to take years to complete.
A total of $1.72 billion in federal funding has been secured for the Sagamore Bridge. In a statement released in July 2024, coinciding with the announcement of a major funding award.
'This is a game-changing award for Massachusetts,' Massachusetts Governor Maura Healy proclaimed. 'We've never been closer to rebuilding the Cape Cod Bridges than we are right now. This funding will be critical for getting shovels in the ground.'
Additional funding is needed for the Bourne Bridge. The construction will involve twin bridge structures to separate traffic flow, improving long-term safety and efficiency.
The government may acquire nearby homes as part of the project, leaving some residents uncertain about their future. The final list of affected properties has yet to be released, but the uncertainty has already disrupted the local real estate market. Many are now weighing their options, deciding whether to sell, hold out for a buyout or challenge the process.
Eminent domain, the government's legal right to seize private property for public use, can significantly influence home values.
When a government entity signals its intent to take properties for a project, the uncertainty can cause hesitation among buyers, leading to decreased property demand and, ultimately, lower home values in affected communities.
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In some cases, properties near eminent domain projects lose value even if they are not directly taken. The potential for construction disruptions, increased traffic and changes in the area may make potential buyers think twice. Since the Sagamore Bridge project is part of a multi-phase project that could take years to complete, market instability in the area may persist.
For homeowners who may be impacted by eminent domain, there are steps to take to ensure fair treatment and compensation:
Consult an eminent domain attorney: A real estate lawyer specializing in eminent domain can help homeowners understand their rights and negotiate a fair settlement.
Get an independent appraisal: The government is required to offer just compensation, but independent property valuations can help ensure you receive an appropriate offer. Eminent domain valuation can be complex, and you may not have a second chance if you don't like the results of your appraisal. Work with an eminent domain lawyer to ensure you get the right type of appraisal.
Negotiate for better terms: Homeowners may be able to contest the initial compensation offer or request relocation assistance depending on state laws and project funding.
Stay informed: Attend community meetings to stay updated on project timelines so you can make informed decisions about your property.
The Sagamore Bridge project highlights the complexities of eminent domain, a process that affects homeowners nationwide. Whether facing a bridge replacement or another public development, property owners must navigate legal and financial challenges.
If you find yourself in a situation similar to these Cape Cod homeowners, stay informed and seek expert guidance to help navigate the process and protect your interests.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
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