SJC Reverses Eminent Domain Block: Town of Nahant v. Northeastern University (SJC-13844, September 3, 2026)

The SJC reversed a ruling that Nahant acted in bad faith when seeking conservation easements over Northeastern University land, holding that conservation is a valid public purpose even when a taking prevents private development.

CourtSupreme Judicial Court

DocketSJC 13844

ReleasedSeptember 3, 2026

ArguedFebruary 2, 2026

PanelBudd, C.J., Gaziano, Kafker, Wendlandt, Georges, Dewar, & Wolohojian, JJ

Full opinionRead the full text of the decision

Question

Does a municipality act in bad faith, rendering an eminent domain taking invalid, when it takes conservation and access easements over university-owned land for stated open space and conservation purposes, where undisputed evidence shows the taking was pursued in response to, and would effectively block, the university’s announced development project?

Rule

Article 10 of the Massachusetts Declaration of Rights and the Fifth Amendment to the United States Constitution require that any taking by eminent domain “be made for a legitimate public purpose” and that the landowner “receive just compensation.” Cobble Hill Ctr. LLC v. Somerville Redev. Auth., 487 Mass. 249, 262 (2021). “The protection of the people in their right to the conservation . . . of the . . . forest, water, air and other natural resources” is “a public purpose.” Article 97 of the Amendments to the Massachusetts Constitution. On bad faith. “A municipal land taking, proper on its face, may be invalid because it was undertaken in bad faith,” which “includes the use of the power . . . solely for a reason that is not proper, although the stated public purpose or purposes for the taking are plainly valid ones.” Pheasant Ridge Assocs. Ltd. Partnership v. Burlington, 399 Mass. 771, 775–776 (1987). Courts “should not easily attribute improper motives to a town” if “valid reasons . . . would have supported the town’s action,” and a town’s exercise of eminent domain is entitled to a presumption of validity. Id. at 777; Durand v. IDC Bellingham, LLC, 440 Mass. 45, 51–52 & n.11 (2003). In examining alleged bad faith, courts “consider whether the municipality has evinced prior interest in the area or its neighborhood, and whether its method of acquiring the property accords with usual practices.” Benevolent & Protective Order of Elks, Lodge No. 65 v. Planning Bd. of Lawrence, 403 Mass. 531, 552–553 (1988). On private benefit. A taking with a valid public purpose “is not void merely because the disposition of that land indirectly benefits private individuals,” and a taking is not invalid because it is “requested, financially supported, or advocated for by a private party.” Elks Lodge, 403 Mass. at 551; Machado v. Board of Pub. Works of Arlington, 321 Mass. 101, 104–105 (1947).

Holding

The town’s stated purpose of taking conservation and access easements to preserve the land in its natural, scenic, and open condition for public use and enjoyment constitutes a quintessential public purpose under Article 97 and longstanding precedent. Northeastern had no reasonable expectation of proving bad faith under Pheasant Ridge because the record showed the town had evinced prior interest in East Point through its 1986 creation of an adjacent public park, decades of open space plans documenting resident interest in conservation at East Point, and 1991 zoning designation of the property as part of a natural resource district. The town followed its usual practices in conducting the taking proceedings, consulting its advisory committee and providing advance notice to voters. Unlike Pheasant Ridge, where fabricated purposes were developed minutes before a town meeting vote with no intention of carrying them out, here the easements by their nature will effect the stated conservation purpose, and there is no material dispute the town intends to use the easements for that purpose. While the town pursued the taking in response to Northeastern’s project announcement and the taking would block that project, preventing development is the very purpose of imposing a conservation easement on land valued as open space, and attributing a dominant bad faith motive solely to block development would improperly collapse the distinction between proper conservation aims and improper blocking motives where the town had demonstrated prior interest consistent with conservation. The taking is not invalid because private actors financially supported and advocated for it; a taking with a valid public purpose is not void merely because it may incidentally benefit private individuals or because private parties requested or funded it, so long as the easement areas are not being diverted to purely private use.

Result

Judgment granting Northeastern summary judgment and attorney’s fees reversed. Case remanded for entry of an order establishing the town’s right to take the property interests described in the order of intention and for further proceedings, including determination of just compensation.

Players

  • Court: Supreme Judicial Court, on direct appellate review from Superior Court Department
  • Opinion by: Dewar, J.
  • Panel: Budd, C.J., Gaziano, Kafker, Wendlandt, Georges, Dewar, & Wolohojian, JJ.
  • Below: Jeffrey T. Karp, J., Superior Court Department, entered judgment May 12, 2025
  • Petitioner: Town of Nahant (seeking eminent domain authority)
  • Respondents: Northeastern University and 12.5 acres of land situated in Nahant
  • Counsel for petitioner: Kevin P. Martin, Christopher J.C. Herbert
  • Counsel for Northeastern: George A. McLaughlin, III, Joel E. Faller, Kevin P. O'Flaherty
  • Amici curiae: The Trustees of Reservations; Nahant Preservation Trust, Inc.; Conservation Law Foundation and 18 other environmental organizations; Massachusetts Municipal Association, Inc. and municipal associations; Suffolk University Law School Supreme Court Clinic; Attorney General Andrea Joy Campbell

The Supreme Judicial Court reversed a summary judgment that had blocked the Town of Nahant from using eminent domain to take conservation easements over land owned by Northeastern University. The court held that the town’s stated purpose of preserving open space and natural habitat is a proper public purpose, and that Nahant did not act in bad faith merely because the taking would also prevent Northeastern’s planned expansion of its Marine Science Center campus.

The East Point Dispute

East Point is a 28.7-acre peninsula in Nahant, almost entirely surrounded by Massachusetts Bay. Northeastern owns 20.4 acres, most of which remains undeveloped; the town owns the easternmost 8.3 acres, which it operates as a public park called the Henry Cabot Lodge, Jr., Memorial Park. In 2018, Northeastern announced plans to build a new 55,000-square-foot building and an 80-well geothermal field on its property.

The announcement drew immediate opposition from town officials and residents. At a February 2018 selectmen’s meeting, one board member said he would be willing to “go to jail” to stop the project. Opponents cited concerns about infrastructure strain, traffic, wildlife disruption, and impacts on the town’s scenic character. Later that year, 1,683 residents signed a letter demanding Northeastern halt all expansion.

In 2021, after consultation with an eminent domain attorney and receipt of a $3 million donation from the Nahant Preservation Trust, the town meeting voted 647 to 271 to authorize the board of selectmen to take conservation and access easements over approximately twelve acres of Northeastern’s parcel. The stated purpose was to preserve the land “in perpetuity in [its] natural, scenic, and open condition” for public use and to protect wildlife habitat, scenic beauty, and open space.

The Superior Court’s Ruling

Northeastern opposed the taking, arguing the town acted in bad faith. A Superior Court judge agreed, granting Northeastern summary judgment and awarding over $1 million in fees and costs. The judge concluded that the town’s “dominant reason” was not conservation but stopping Northeastern’s development because it would detract from the town’s “scenic and residential nature.” He found the taking invalid under Pheasant Ridge Assocs. Ltd. Partnership v. Burlington, in which the SJC held that a town’s pretextual use of eminent domain to block a housing development was invalid.

What the SJC Held

Justice Dewar, writing for a unanimous court, reversed. The court held that Northeastern has “no reasonable expectation of proving that the town’s taking is invalid” on the record before it. The court found that the town’s stated purpose—preserving land for open space and conservation—is a valid public purpose, one expressly recognized in Article 97 of the Massachusetts Constitution. The court wrote that conservation has been recognized as a public purpose since at least 1913.

The court also held that preserving scenic character is itself a valid public purpose. Article 97 states that “the people shall have the right to . . . the natural, scenic, historic, and esthetic qualities of their environment,” and the U.S. Supreme Court has recognized that “[i]t is within the power of the [L]egislature to determine that the community should be beautiful as well as healthy.”

The Bad Faith Analysis

The SJC acknowledged that a taking can be invalid if undertaken in bad faith solely for an improper purpose, even when the stated purpose is valid. But the court emphasized that it does not “easily attribute improper motives to a town” and that a town’s exercise of eminent domain is a legislative act entitled to a presumption of validity.

The court distinguished Pheasant Ridge, where a town fabricated public purposes for a taking “within minutes” of a town meeting, without consulting relevant agencies, and where the record showed the town did not intend in good faith to use the property for the stated purposes. Here, by contrast, the town had shown prior interest in East Point consistent with the stated purpose. The town created a public park on its adjacent parcel in 1986, designated Northeastern’s land as part of a natural resource zoning district in 1991, and issued multiple open space plans documenting residents’ interest in conservation and access to East Point.

The court also noted that the town followed its usual procedures, consulting its advisory and finance committee and issuing a warrant in advance of the town meeting. The taking itself—conservation and access easements—is tailored to the stated purposes and will in fact preserve the land for open space and recreation.

The court acknowledged that the taking was pursued in response to Northeastern’s announcement and would block the project. But it reasoned that preventing development is the very purpose of a conservation easement. Attributing a bad faith motive “solely” focused on blocking the project would ignore the town’s prior interest in the area, conflict with the presumption of validity accorded to legislative acts, and undermine deference to a town’s judgment about when conservation is warranted.

Private Funding Is Not Disqualifying

Northeastern also argued that the taking was improper because it was funded and advocated for by private parties, including the Nahant Preservation Trust, who would incidentally benefit from stopping the project. The court rejected this argument. A taking with a valid public purpose “is not void merely because the disposition of that land indirectly benefits private individuals,” the court held. Evidence that a taking is partially funded by private actors or may incidentally benefit them does not invalidate a proper public purpose.

The Dover Amendment Argument

Northeastern invoked the Dover Amendment, G.L. c. 40A, § 3, which prohibits municipalities from using zoning to restrict educational uses by nonprofit educational corporations. Northeastern argued that allowing the taking would let the town use eminent domain to sidestep the Dover Amendment’s protections.

The court dismissed the argument. Unlike in the zoning context, the Legislature has not imposed additional limits on a town’s eminent domain authority to take land used for educational purposes. Where the Legislature has imposed no such restriction, public policy does not preclude a taking for a recognized public purpose. The court noted, however, that the town must pay just compensation, unlike in most zoning cases.

Why It Matters

The decision clarifies the scope of municipal eminent domain authority when conservation interests collide with private development plans. Towns may use eminent domain to preserve open space and scenic character even when a taking blocks a project, so long as the town has shown prior interest consistent with the stated purpose and follows proper procedures. The fact that a taking is pursued in response to a development proposal, or that private parties fund or benefit from it, does not alone establish bad faith. The decision also confirms that preventing development is an inherent aspect of conservation easements, not evidence of an improper motive.

The case now returns to the Superior Court for an order establishing the town’s right to take the easements and for proceedings to determine just compensation. The court vacated the award of over $1 million in attorney’s fees and costs to Northeastern.

Read the full opinion: Town of Nahant v. Northeastern University (SJC-13844, September 3, 2026).

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