Nobscot Shopping Plaza

[retailisking]

The Framingham, MA plaza hasn't been the same since Star Market closed, and Supervalu, which owns the plaza, is fine with that. They would much rather keep the real estate off the market and have consumers shop the Shaw's in nearby towns. Residents, however, want their neighborhood supermarket back. The broker for the plaza is making noises about revitalization, but with a traditional supermarket off the table, how serious can he be?
http://www.metrowestdailynews.com/news/x219669348/Neighbors-hear-plans-for-plaza

[retailisking]

Not much has happened in the past three years. Supervalu successor Albertsons still holds the master lease and that stands in the way of redevelopment in its present form. The powers that be are now looking into transforming the site into a mixed-use development.
http://www.metrowestdailynews.com/article/20150608/NEWS/150606410

[ynkeesfn82]

Although it's not an appropriate use of it, the town ought to use the power of Entiminent (SIC) Domain to take ownership of the property in order to redevelop it.

[TheFugitive]

The town could use Eminent Domain to take it, based on the Supreme Court's Kelo v. New London
decision, which involved a case right there in your home state of Connecticut in 2005.

The City of New London proposed to use Eminent Domain to take a number of homes in a neighborhood
where Pfizer had wanted to expand it's research facility.  The City of New London wanted to do this in the
name of economic development, and to create jobs.  However, in the past Eminent Domain had only been used to take private property for public use (i.e. to build a highway, a school, an airport, something that would be publicly owned and benefit the public as a whole).  The plaintiff (Ms. Kelo) argued that the city wanted to take her house to give it to a private company (Pfizer) and not for public use.  The city responded that the taking would benefit the public, due to the economic development and subsequent job growth that would occur.

In a very close and highly controversial decision, the Supreme Court voted 5-4 to expand the use of Eminent Domain for "public benefit" as well as "public use".  The homes were taken and demolished so that Pfizer could build the new facility.

However, before it could actually be built, Pfizer ended up merging with Wyeth, and decided to move their research to an existing Wyeth facility in Groton.  Hence the lab was never built, the jobs never came, the houses are gone, and now the City of New London has a big, empty lot on their hands, on which no taxes are being paid.

Sort of shot themselves in both feet with that one.  So yes, they could take that mall by Eminent Domain.
However, whether they should or not is another matter.

Also, so many people were outraged by the Kelo decision that many State Constitutions have since been amended to specify that Eminent Domain can be used for "public use only."  Not sure if that is the case with Connecticut or not.

True to their Cranky Yankee persona, some New Hampshire residents tried unsuccessfully to get their town to use Eminent Domain to take a house that was owned by Supreme Court Justice David Souter, the deciding vote in the Kelo case, to tear it down and build a restaurant called "The Freedom Café".  They did not succeed, but get high marks for creativity.

[ynkeesfn82]

There was another case in Connecticut. In the City of Bristol where I grew up. They used Eminent Domain to take these properties on Connecticut Route 229 in order to build an Industrial Park. What they ended up with I believe are two businesses in the Industrial Park with a third on the way. Other than that it's all empty lots. It's the aptly named Business Park Drive. The City offered the people more than fair market value for the property. They refused. It all took too long and the company that wanted the space to expand ended up buying one of the abandoned Pratt & Whitney Factrories in Southington the next town over. One of the members of the family still who's land was taken by "ED" still regularly kvetches about it in the Bristol Press even though it's been more than 5 years and several administrations since. And no one in town cares about the story.