Greenberg Traurig: Memorandum on Brockton, MA Eminent Domain Takings of Mortgage Debt


SIFMA requested the firm of Greenberg Traurig review the authority of the City of Brockton under Massachusetts statutory law and the Massachusetts Declaration of Rights to Brockton’s to use the power of eminent domain as proposed.

Specifically at issue is whether an acquisition by the City of Brockton may be made by an eminent domain pursuant to Massachusetts General Laws chapter 79 of the mortgage debt with the express purpose of the selling the “property” taken to private, third parties.

Greenberg Traurig determined that Brockton’s plan is wholly incompatible with the lawful and constitutional exercise of the eminent domain power delegated by the Legislature to Brockton under the governing statute and the Massachusetts Declaration of Rights.