Boston Edison Co. v. Massachusetts Water Resources Authority
459 Mass. 724
Mass.
2011

Background

  • Boston Edison pursued damages under G. L. c. 79, § 12 for four MWRA eminent domain takings at the Fore River Station site (north parcel 20.2 acres, south parcel 57.9 acres) in Weymouth/Quincy.
  • Trial showed contested highest and best use: Boston Edison claimed north parcel could support a mixed-use residential development; MWRA argued zoning and DPAs barred such use.
  • Jury answered special questions finding reasonable probability of rezoning to residential use and of development on the north parcel despite industrial zoning and DPA constraints, awarding $8,100,000 for north parcel takings.
  • South parcel takings and sewer project were disputed; Boston Edison claimed damages from relocation of its switch house and related facilities; jury awarded $2,900,000 for south parcel takings.
  • Trial judge later granted remittitur reducing south parcel damages by $1,099,438; Boston Edison declined remittitur and sought a new trial as to south parcel damages.
  • Issues include admissibility of residential-use evidence for north parcel, limits on south parcel damages, and interest calculation on the overall award.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Admissibility of residential-use evidence for north parcel North parcel reasonably probable for residential use; evidence should be admitted. Evidence speculative and improperly inflates value; limited to present industrial use. Judge acted within discretion; admitted evidence and reasonable probability found.
Reasonable probability of rezoning despite DPA Weymouth would likely rezone north parcel to residential; master plans support this. Rezoning unlikely due to DPA and DEP constraints. Judge could credit expert testimony; reasonable probability supported.
Damages on south parcel limited to actual takings or public project Relocation of switch house damages should be included based on MWRA plans. No taking or public-plan-based damages occurred; plan-based damages not recoverable. Instruction correct; damages limited to actual takings or public project; no remedy for anticipatory plans.
Interest calculation on eminent-domain damages Interest should run from first taking date at a higher rate under amended statute. Interest should be calculated per the statute and vesting rules; amended rate applies to pending cases. Amended statute rate applies; prejudgment and post-judgment interest properly calculated.

Key Cases Cited

  • Skyline Homes, Inc. v. Commonwealth, 362 Mass. 684 (Mass. 1972) (highest and best use includes potential uses with discounts for likelihood and futurity)
  • Aselbekian v. Massachusetts Turnpike Auth., 341 Mass. 398 (Mass. 1960) (damages include impact on remaining land; range of discretion on evidence)
  • D’Annolfo v. Stoneham Hous. Auth., 375 Mass. 650 (Mass. 1978) (judge may admit potential-use evidence and submit to jury with special questions)
  • Roach v. Newton Redevelopment Auth., 381 Mass. 135 (Mass. 1980) (limits on speculative proof of future uses in eminent domain)
  • Standish Mgt., Inc. v. Randolph Hous. Auth., 26 Mass. App. Ct. 901 (Mass. App. Ct. 1988) (probability of rezoning evidence admissible where reasonably likely)
  • Keating v. Duxbury Hous. Auth., 11 Mass. App. Ct. 934 (Mass. App. Ct. 1981) (zoning likelihood considered in highest and best use evidence)
  • Moot v. Department of Envtl. Protection, 448 Mass. 340 (Mass. 2007) (public-trust tidelands and CZM policy interplay; proper public purpose)
  • Cayon v. Chicopee, 360 Mass. 606 (Mass. 1971) (no compensation for planned but unrealized takings; must be actual taking)
  • Lipinski v. Lynn Redevelopment Auth., 355 Mass. 550 (Mass. 1969) (valuation before taking; series takings principle)
  • Connor v. Metropolitan Dist. Water Supply Comm’n, 314 Mass. 33 (Mass. 1943) (valuation principle for series takings in public works)
  • Moot v. Department of Envtl. Protection, 448 Mass. 340 (Mass. 2010) (public-trust tidelands; DZ policy interplay)
  • Verrochi v. Commonwealth, 394 Mass. 633 (Mass. 1985) (amended interest rate applies to pending cases when Legislature intends)
  • Parks v. Boston, 15 Pick. 198 (Mass. 1834) (historical note on compensation timing and interest)
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